CLA-2-39:OT:RR:NC:N4:422
Mr. Chen Chen Liu
Allstar Marketing Group
2 Skyline Drive
Hawthorne, NY 10532
RE: The tariff classification of a plastic microwave bacon cooker with a glass lid from China
Dear Mr. Liu:
In your letter dated December 12, 2016, you requested a tariff classification ruling.
The submitted sample is identified as a BaconBoss, item# BE041106. This item is comprised of a microwaveable pan that is made of a bulk molding compound (BMC), which is glass-fiber reinforced polyester plastic material. The pan has a lid that is made of tempered glass. In the center of the lid is a rotating handle that when turned, locks the lid in place over the pan. This item is designed to cook bacon in a microwave oven. When in use, the bacon sits on ridges on the bottom of the inside of the pan, thereby allowing the bacon to be elevated over the grease that drips off of the bacon while cooking. This item can also be used in a conventional oven.
This item is considered to be a composite good within the meaning of General Rule of Interpretation (GRI) 3. The plastic pan performs the primary role of providing a platform on which the bacon sits while cooking. The glass lid performs the subordinate role of preventing grease from splattering in the oven. Therefore, it is the opinion of this office that the plastic pan provides this item with the essential character within the meaning of GRI 3(b).
The applicable subheading for Item# BE041106 will be 3924.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tableware, kitchenware…of plastics: tableware and kitchenware: other. The rate of duty will be 3.4 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 https://hts.usitc.gov/current.
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 Gary Kalus at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division