CLA-2-84:OT:RR:NC:1:102
Daniel Treichler
OTX Logistics
12801 S. Figueroa Street
Los Angeles, CA 90061
RE: The tariff classification of a personal beverage dispenser from China.
Dear Mr. Treichler:
In your letter dated February 4, 2015 on behalf of Hisense USA Corporation you requested a tariff classification ruling.
The “Chill” drink vending machine, model RC07N1CBDI, is a beverage dispensing appliance designed for household use. It is stated that the “Chill” vending machine is a compression type refrigerator and maintains an adjustable cool temperature range of 35-46 degrees Fahrenheit. This appliance consists of a pre-cooling storage compartment, a storage compartment and a can spacer section that can store seventy-two 12 ounce cans or thirty-six plastic bottles. Other features include a support frame for a customized display poster, parental locks, selection buttons, a delivery chute, a control display, a light switch and beverage cards for labeling. This appliance measures 60.2 inches in height by 24 inches in width by 24.4 inches in depth and weighs 133 pounds.
In your letter you suggest classifying this machine in subheading 8476.21.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for automatic beverage-vending machines: incorporating heating or refrigerating devices. While this machine is said to incorporate a refrigerating device, it does not incorporate a payment mechanism. Machines which dispense a product but do not have a device to accept a “monetary” payment are not covered in heading 8476, HTSUS. In view of this fact, classification in subheading 8476.21.0000, HTSUS, would not be appropriate.
The classification of merchandise under the HTSUS is governed by the General Rules of Interpretation ("GRIs"), taken in order. GRI 1 requires that classification be determined according to the terms of the headings and any relative section or chapter notes.
The “Chill” drink vending machine is described as an appliance that is a refrigerator. Heading 8418, HTSUS, specifically provides for refrigerators, freezers and other refrigerating or freezing equipment. Thus, in accordance with GRI 1, the applicable subheading for the “Chill” drink vending machine, model RC07N1CBDI, will be 8418.50.0080, HTSUS, which provides for Other furniture(chests, cabinets, display counters, show cases and the like) for storage and display, incorporating refrigerating or freezing equipment; 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 Specialist Sandra Martinez at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division