CLA-2 RR:CR:GC 964976 GOB
Douglas Shewring
American Leisure Products Company
P.O. Box 53
Newport, RI 02840
RE: Revocation of DD 815332; Portable Propane Gas Camping Stove
Dear Mr. Shewring:
This letter is with respect to DD 815332 issued to you November 1, 1995, by the Port Director of Customs, San Diego, with respect to the classification, under the Harmonized Tariff Schedule of the United States (“HTSUS”), of a portable propane gas camping stove. We have reviewed the classification set forth in DD 815332 and have determined that it is incorrect. This ruling sets forth the correct classification.
Pursuant to section 625(c), Tariff Act of 1930 (19 U.S.C. 1625(c)), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993), notice of the proposed modification of DD 815332, as described below, was published in the Customs Bulletin on November 28, 2001.
One comment was received in response to the notice. The commenter expressed “no comment on the propriety of the proposal to consider liquid propane to be a gas fuel for purposes of classification in HTSUS heading 7321” but stated that the proposed rulings “fail to articulate sufficient explanation for classification of the subject articles as ‘portable.’ “ With respect to the comment, we note that the portability of the propane gas camping stove is not at issue here. We note additionally that the good at issue here clearly appears to be portable.
FACTS:
The article at issue was described in DD 815332 as follows:
. . . an enameled steel portable propane gas camping or cooking stove with a brass gas valve and stainless steel burner. Additionally, it has pouring lips and carry handles (on each side). It is packed in a nylon carrying bag (stove folds away) with carry clasp and handles . . . the article utilizes an 11-pound disposable propane bottle (not included at time of importation).
In DD 815332, Customs classified the portable propane gas camping stove in subheading 7321.12.00, HTSUS, as: “Stoves, ranges, grates, cookers . . . and similar nonelectric domestic appliances, and parts thereof, of iron or steel: Cooking appliances and plate warmers: . . . For liquid fuel.”
ISSUE:
What is the classification under the HTSUS of the portable propane gas camping stove?
LAW AND ANALYSIS:
Classification under the HTSUS is made in accordance with the General Rules of Interpretation (“GRI’s”). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI’s may then be applied. GRI 6 provides in pertinent part: “For legal purposes, the classification of goods in the subheadings of a heading shall be determined according to the terms of those subheadings and any related subheading notes and, mutatis mutandis, to the above rules, on the understanding that only subheadings at the same level are comparable.”
The Harmonized Commodity Description and Coding System Explanatory Notes (“EN’s”) constitute the official interpretation of the Harmonized System at the international level. While neither legally binding nor dispositive, the EN’s provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings. See T.D. 89-80.
The HTSUS provisions under consideration are as follows:
7321 Stoves, ranges, grates, cookers, (including those with subsidiary boilers for central heating), barbeques, braziers, gas rings, plate warmers and similar nonelectric domestic appliances, and parts thereof, of iron or steel:
Cooking appliances and plate warmers:
7321.11 For gas fuel or for both gas and other fuels:
7321.11.10 Portable
* * * * *
7321.12.00 For liquid fuel.
EN 73.21 provides that that heading includes camping stoves.
The crucial issue in this classification matter is whether the subject article is a cooking appliance “for gas fuel or for both gas and other fuels” (subheading 7321.11.10, HTSUS) or “for liquid fuel” (subheading 7321.12.00, HTSUS).
The article is described as a portable propane gas camping stove. That description would seem to indicate that the article is a cooking appliance for gas fuel. We have examined the definitions of “propane” in various resources.
The Van Nostrand Reinhold Encyclopedia of Chemistry (4th ed., 1984) defines “propane” in pertinent part as follows: “. . . colorless gas [technical specifications omitted] . . . The content of propane in natural gas varies with the source of the natural gas, but on average is about 6%. Propane is also obtainable from petroleum sources. Liquefied propane is marketed as a fuel for outlying areas where other fuels may not be readily available and for portable cook stoves . . . Propane and other liquefied gases are clean and appropriate for most heating purposes . . .”
Hawley’s Condensed Chemical Dictionary (12th ed., 1993) defines “propane” in pertinent part as follows: “. . . Properties: Colorless gas, natural-gas odor . . . an asphyxiant gas . . . Derivation: From petroleum and natural gas.”
The Random House Dictionary of the English Language (unabridged ed., 1973) defines propane as follows: “a colorless, flammable gas [symbol omitted] of the alkane series, occurring in petroleum and natural gas: used chiefly as a fuel and in organic synthesis. Also called dimethylmethane.”
We conclude from these authorities that propane is a gas, and not a liquid.
The HTSUS classifies propane in subheading 2711.12.00, HTSUS, as: “Petroleum gases and other gaseous hydrocarbons: Liquefied: . . . Propane.” We interpret that classification to the effect that propane is a liquefied gas. EN 27.11 provides in pertinent part: “This heading covers crude gaseous hydrocarbons obtained as natural gases or from petroleum, or produced chemically. Methane and propane are, however, included even when pure. These hydrocarbons are gaseous at a temperature of 15 degrees C and under a pressure of 1,013 millibars (101.3 kPa). They may be presented under pressure as liquids in metal containers and are often treated, as a safety measure, by the addition of small quantities of highly odiferous substances to indicate leaks. They include, in particular, the following gases, whether or not liquefied: (1) Methane and propane, whether or not pure . . . “ [Emphasis in original.] We interpret that language of the EN to the effect that propane is a gas.
Accordingly, we find that the article at issue, described as a portable propane gas camping stove, is a cooking appliance for gas fuel. Therefore, it is classified in subheading 7321.11.10, HTSUS.
This determination is consistent with the following rulings: HQ 950297 dated December 31, 1991, where Customs classified a catalytic safety heater which uses liquid propane gas in subheading 7321.81.50, HTSUS; and NY 838467 dated March 28, 1989, where Customs classified a table top gas grill fueled by low pressure liquefied petroleum gas in subheading 7321.11.10, HTSUS.
HOLDING:
The portable propane gas camping stove is classified in subheading 7321.11.10, HTSUS, as: “Stoves, ranges, grates, cookers . . . and similar nonelectric domestic appliances, and parts thereof, of iron or steel: Cooking appliances and plate warmers: For gas fuel or for both gas and other fuels: Portable.”
EFFECT ON OTHER RULINGS:
DD 815332 is revoked. In accordance with 19 U.S.C. 1625(c), this ruling will become effective 60 days after its publication in the Customs Bulletin.
Sincerely,
John Durant, Director
Commercial Rulings Division