CLA-2-73:OT:RR:NC:N1:113

Ms. Tina Marie Harrison
The Brinkmann Corporation
4215 McEwen Road
Dallas, TX 75244

RE: The tariff classification of a wood pellet smoker from China

Dear Ms. Harrison:

In your letter received September 2, 2011, you requested a tariff classification ruling. Descriptive literature and photographs of the wood pellet smoker were submitted for our review.

The product you plan to import is identified as a wood pellet smoker. You indicated in our telephone conversation on September 15, 2011, that the smoker under consideration is made of steel. You stated in your letter that “The wood pellet smoker produces heat and smoke from burning wood pellets (hardwood sawdust that is compressed into small pieces). The unit does plug into a 120 volt electric outlet to power 2 motors, a small electric starter, and the control circuit board. The wood pellets are first pushed into the burn chamber (firepot) by an electric motor that turns the auger. When the grill is first turned on, a small electric element in the bottom of the firepot heats up and ignites the wood pellets that are being pushed into the firepot. This takes less than 2 minutes and then the electric element is turned off. It is not needed once the wood pellets are burning. Another motor turns a small fan blade to supply air to the firepot to make the wood pellets burn better…The temperature in the grill can be raised/lowered by pushing more or less wood pellets into the firepot.”

The applicable subheading for the wood pellet smoker will be 7321.19.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other cooking appliances and plate warmers including appliances for solid fuel, other than portable, of iron (other than cast iron) or steel. The rate of duty is 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 Specialist Ann Taub at (646) 733-3018.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division