CLA-2-73:OT:RR:NC:N1:121
Ms. Cheryl M. Schwichtenberg
Hearth & Home Technologies
7571-215th Street West
Lakeville, MN 55044
RE: The tariff classification of various parts for pellet and wood burning stoves from an unknown country
Dear Ms. Schwichtenberg:
In your letter dated August 22, 2012, you requested a tariff classification ruling. Pictures of the products were submitted with your request.
Part number 7038-008, described as a tube channel assembly, comprises of a series of four stainless steel tubes with a steel mounting plate. It is a component used in the Quadra-Fire 5700 step top wood burning stove.
Part number 7056-014, described as a secondary tube assembly, is a stainless steel tube with holes running along its length. It is a component used in the ECO-Choice wood burning stoves.
Both part numbers 7038-008 and 7056-014 serve to inject super-heated air into the exhaust (smoke) stream at the top of the firebox. This ignites any unburned particulate matter, which results in an increase in the stove’s overall efficiency and a reduction in airborne particulate exhausted out the chimney.
Part number 7034-139, described as an exhaust transition, is a steel pipe with a welded, circular cross section. It is a component used in the Quadra-Fire Mt. Vernon pellet stove. One end of the exhaust transition attaches to the exhaust blower inside the stove; the other end attaches to the vent pipe that vents to the outdoors.
You propose classification of part numbers 7038-008, 7056-014 and 7034-139 in heading 7306, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other tubes, pipes and hollow profiles of iron or steel. This office disagrees with your proposal. Heading 7306, HTSUS, is not applicable because each article has assumed the identity of an identifiable article of another heading.
The applicable subheading for part numbers 7038-008 (tube channel assembly), 7056-014 (secondary tube assembly), and 7034-139 (exhaust transition) will be 7321.90.6090, HTSUS, which provides for stoves, ranges, grates, cookers, barbecues, braziers, gas rings, plate warmers and similar nonelectric domestic appliances, and parts thereof, of iron or steel, parts, other, other. The general rate of duty will be free.
Part number 812-4470, described as a thermocouple, is located on top of the firepot inside a ceramic protection tube. It is used on several Quadra-Fire pellet stove models. Heat from the burning pellets enables the thermocouple to convert the temperature differential into voltage that sends a signal to a control box indicating a preset temperature has been reached. The thermocouple is not a thermostat and does not set the temperature.
You propose classification for the thermocouple in subheading 8543.70.9650, HTSUS, which provides for electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof, other, other, other, other. However, this office disagrees because the thermocouple is described more specifically in another subheading.
The applicable subheading for part number 812-4470 (thermocouple) will be 8543.70.4000, HTSUS, which provides for electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter; parts thereof, other machines and apparatus, electric synchros and transducers; flight data recorders; defrosters and demisters with electric resistors for aircraft. The general rate of duty will be 2.6 percent ad valorem.
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/.
Based on the information you have supplied, this office is unable to classify the articles described as iron and steel castings. Please submit the following information for each article you wish to be considered: a picture of each article in its imported condition labeled with its part number; the country of origin of each article if known; a detailed description of each article in its imported condition; a description of the function and use of each article; a description of the manufacturing operations performed on each article in the U.S.; and a description of each article after it has been finished in the U.S. Does each article have a fixed identity when imported? Is it dedicated to its final use at the time of importation?
Please limit your ruling request to a maximum of 5 items of the same class or kind.
If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If your request was submitted electronically and the information required does not involve sending a sample, you can re-submit your request and the additional information electronically.
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 Barbara Kaiser at (646) 733-3024.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division