CLA-2-73:OT:RR:NC:N4:410
Long Chen
Thai Jiuzhou Electron Co Ltd.
88/152 Moo 15 Bangsaotong Sub-District
Bangsaotong 10540
Thailand
RE: The eligibility under the United States-Mexico-Canada Agreement (USMCA) of an oven burner for the
gas range from Mexico
Dear Mr. Chen:
In your letter dated July 10, 2025, you requested a binding ruling on the eligibility of an oven burner for the
gas oven (range) under the United States-Mexico-Canada Agreement (USMCA). In your request, you
provided a description of the finished article and its components including the country of origin of the
components.
FACTS:
The Bill of Materials (BOM) in your submission illustrates that the oven burner consists of a steel pipe, two
assembly brackets, an ignition bracket, a shutter, and two screws. There will be two component
sourcing/manufacturing scenarios. In the first scenario, all components are sourced from China (of Chinese
origin). In the second sourcing/manufacturing scenario, the steel pipe and the screws will be made in
Mexico, and the balance of the components will be imported from China. All of these components are
classified outside of heading 7321, Harmonized Tariff Schedule of the United States (HTSUS). The final
assembly will be in Mexico.
Based on the information provided in your submission and subsequent e-mail correspondence, the oven
burner is a part for the non-portable steel/iron gas oven (range) for domestic use. The oven burner is
classified in subheading 7321.90.5000, HTSUS, which provides for stoves, ranges, grates, cookers ... and
parts thereof, of iron or steel, parts, of articles in subheading 7321.11.30 [stove or ranges], other.
USMCA:
The USMCA was signed by the Governments of the United States, Mexico, and Canada on November 30,
2018. The USMCA was approved by the U.S. Congress with the enactment on January 29, 2020, of the
USMCA Implementation Act, Pub. L. 116-113, 134 Stat. 11, 14 (19 U.S.C. ยง 4511(a)). General Note ("GN")
11 of the HTSUS implements the USMCA. GN 11(b) sets forth the criteria for determining whether a good is
an originating good for purposes of the USMCA. GN 11(b) states:
For the purposes of this note, a good imported into the customs territory of the United States from the
territory of a USMCA country, as defined in subdivision (l) of this note, is eligible for the preferential
tariff treatment provided for in the applicable subheading and quantitative limitations set forth in the
tariff schedule as a "good originating in the territory of a USMCA country" only if-
(i) the good is a good wholly obtained or produced entirely in the territory of one or more
USMCA countries;
(ii) the good is a good produced entirely in the territory of one or more USMCA countries,
exclusively from originating materials;
(iii) the good is a good produced entirely in the territory of one or more USMCA countries
using non-originating materials, if the good satisfies all applicable requirements set forth in
this note (including the provisions of subdivision (o));
Since the subject oven burner contains non-originating materials, it is not considered a good wholly obtained
or produced entirely in a USMCA country under GN 11(b)(i), nor is the product produced exclusively from
originating materials per GN 11(b)(ii). Thus, we must determine whether the product qualifies under GN
11(b)(iii). The oven burner is classified under subheading 7321.90, HTSUS. The applicable rule of origin for
goods classified under subheading 7321.90, HTSUS, is in GN 11(o)/ Chapter 73, HTSUS, which provides, in
relevant part:
24. A change to subheading 7321.90 from any other heading.
Based on the facts provided, the oven burner in both sourcing/manufacturing scenarios described above
qualifies for USMCA preferential tariff treatment, it meets the requirements of General Note 11(b)(iii) since
the non-originating components and materials undergo the prescribed tariff shift. The merchandise will,
therefore, be entitled to a free rate of duty under the USMCA upon compliance with all applicable laws,
regulations, and agreements.
HOLDING:
The oven burner, in both sourcing/manufacturing scenarios described above, qualifies for USMCA upon
compliance with all applicable laws, regulations, and agreements. The holding set forth above applies only to
the specific factual situation and merchandise description as identified in the ruling request. This position is
clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that
a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether
directly, by reference, or by implication, is accurate and complete in every material respect. In the event that
the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you
should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a
new ruling in accordance with 19 CFR 177.2.
Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic
verification by CBP.
The holding set forth above applies only to the specific factual situation and merchandise description as
identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations
(CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the
information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and
complete in every material respect. In the event that the facts are modified in any way, or if the goods do not
conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and
Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection
Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents
filed at the time this merchandise is imported. If you have any questions regarding the ruling, please contact
National Import Specialist Michael Chen at [email protected].
Sincerely,
(for)
James Forkan
Acting Director
National Commodity Specialist Division