CLA-2-73:OT:RR:NC:N1:113
Mr. Dennis A. Morse
BDP International, Inc.
2721 Walker Avenue N.W.
Grand Rapids, MI 49504
RE: The tariff classification of propane heaters from China
Dear Mr. Morse:
In your letter dated March 28, 2011, on behalf of Meijer Distribution, you requested a tariff classification on two models of propane heaters. A picture of each model and an owner’s/ operator’s manual for one model of the heaters were submitted for our review. You indicated in your letter that “A sample has been submitted for further examination.” However, our office has not received the sample of the subject heater.
The articles under consideration are described in your letter as Outdoor Propane Heaters, model/item numbers HPS-C-GH and HSS-A-GH. The propane patio heater identified as model/item number HPS-C-GH weighs approximately 18.74 pounds and measures approximately 37.80 inches in height and 20.87 inches in diameter. The heater is predominately made of steel. You stated that “the heater has no electrical or mechanical parts…the item is described as portable.”
The propane patio heater identified as model/item number HSS-A-GH weighs approximately 46 pounds and measures approximately 87 inches in height and 31.89 inches in diameter. The heater is predominately made of steel and does not include handles. You stated that “the heater has no electrical or mechanical parts…the item is not advertised as portable.”
The applicable subheading for the propane patio heater, model/item number HPS-C-GH, will be 7321.81.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for stoves, ranges, grates, cookers … barbecues, braziers, gas rings, plate warmers and similar nonelectric domestic appliances, other appliances, and parts thereof, of iron or steel, other appliances, for gas fuel or for both gas and other fuels, portable. The rate of duty will be 2.9 percent ad valorem.
The applicable subheading for the propane patio heater, model/item number HSS-A-GH, will be 7321.81.5000, HTSUS, which provides for stoves, ranges, grates, cookers … barbecues, braziers, gas rings, plate warmers and similar nonelectric domestic appliances, and parts thereof, or iron or steel, other appliances, for gas fuel or for both gas and other fuels, other. The rate of duty will be free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
This ruling is being issued under the provisions of Part 177 of the Customs 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, contact National Import Ann Taub at (646) 733-3018.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division