CLA-2-76:OT:RR:NC:N4:422
Mr. David Kearsley
KaseWorks LLC
6422 S Quebec Street, Building 4
Centennial, Colorado 80111
RE: The tariff classification of GrateLock™ aluminum barbeque sheets from China
Dear Mr. Kearsley:
In your letter dated June 9, 2020, you requested a tariff classification ruling. Photographs of the retail packaging and schematic diagrams were submitted along with your ruling request.
The items concerned are five models of barbeque sheets used for cooking on an outdoor barbeque grill. The products that are to be imported are described as flat, non-clad aluminum perforated sheets with exterior tabs and slots. All of the sheets are made from series 3003 aluminum alloy and have no additional finish. You have indicated that all of the sheets are for consumer use only and will be packaged together for retail sale upon importation.
The first item concerned is referred to as The Grilling Sheet, model #’s GL-103 and model #GL-102. You have stated that model # GL-103 will be sold in a package of 2 sheets each and model # GL-102 will be sold in a package of 3 sheets each.
Each flat sheet is square shaped and measures approximately 12.1 inches long by 9.5 inches wide and is approximately 0.012 inches in thickness. In use, the grill sheet is positioned on the grilling grate. The locking tabs are then folded down to secure the sheet to the grill grate. The tabs are then folded upward and inserted into the appropriate slots to create walls and corners on the sheet, so that the food remains on the cooking surface.
You have indicated that the sheets can also be connected and interlocked together by the tabs and slots on each sides of the sheets to create one big grilling sheet.
The second item concerned is referred to as The Basket, models #’s GLB-121 and model #GLB-122. You have stated that model #GLB-121 will be sold in a package of 2 sheets each and model GL-122 will be sold in a package of 3 sheets each.
Each flat sheet is square shaped and measures approximately 11.5 inches long by 11.5 inches wide and is approximately 0.012 inches in thickness. In use, the grill sheet is placed on a flat surface. The sides are then folded and aligned upward and locked to create a basket. The locking tab is then inserted into the slot on the adjacent wall, leaving one wall down to create a handle to the basket. The locking tabs on the sheet are then folded down to secure the basket to the grill grate.
The third item concerned is referred to as The Fish Pocket, model # GLF-137. You have stated that the merchandise will be sold in a package of 4 sheets each.
Each of the flat sheets is rectangular shaped and measures approximately 11.1 inches long by 8.0 inches wide and is approximately 0.012 inches in thickness. In use, the fish is placed on the sheet. The left tab is folded over and inserted through the slot to create a pocket that locks the fish in place. Both ends on each side of the pocket are open, making it easy to turn the fish on the grill.
You have proposed classification for the GrateLock™ barbeque sheets in 7615.10.7180, Harmonized Tariff Schedule of the United States (HTSUS) as Table, kitchen or other household articles and parts thereof, of aluminum…: Table, kitchen or other household articles and parts thereof…Other: Cooking and kitchen ware: Not enameled or glazed and not containing nonstick interior finishes: Other…Other. This office disagrees with your classification. The aluminum barbeque sheets are considered cookware since the items are intended to be used directly on the grill, to have food cooked therein by heat. Therefore, classification in 7615.10.7180 is precluded.
The applicable subheading for the GrateLock™ aluminum barbeque sheets, model #’s GL-102, GL-103, GLB-121, GLB-122 and GLF-137 will be 7615.10.7155, HTSUS, which provides for Table, kitchen or other household articles and parts thereof, of aluminum…: Table, kitchen or other household articles and parts thereof…Other: Cooking and kitchen ware: Not enameled or glazed and not containing nonstick interior finishes: Other…Other cookware: Other. The rate of duty will be 3.1 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 the World Wide Web at https://hts.usitc.gov/current.
Please be advised that the GrateLock™ aluminum barbeque sheets from China may be subject to antidumping duties and countervailing duties (AD/CVD). Written decisions regarding the scope of AD/CVD orders are issued by the Enforcement and Compliance office in the International Trade Administration of the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection (CBP). You can contact them at https://trade.gov/enforcement/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at https://www.usitc.gov/trade_remedy/documents/orders.xls, and you can search AD/CVD deposit and liquidation messages using CBP’s AD/CVD Search tool at https://aceservices.cbp.dhs.gov/adcvdweb.
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 Dana L. Giammanco at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division