CLA-2-84:OT:RR:NC:N1 102
Karen Quintana
Yusen Logistics Americas
19001 Harborgate Way Torrance, CA 90501
RE: The tariff classification of a ventilation hood from China
Dear Ms. Quintana:
In your letter dated January 2, 2024, you requested a tariff classification ruling on behalf of BBQ Guys dba Blaze Grills.
The item in question is identified as Blaze’s Barbeque Vent Hood, model number BLZ-48-VHOOD. The vent hood is a stainless-steel canopy that extracts smoke and grease released from a grilling surface. The vent hood incorporates two motorized fans, and features a control panel, a reusable filter, two outlets, and a light that illuminates the grilling surface. The centrifugal fans can be individually controlled and have four settings. The vent hood measures 36”x 48” x18”.
In your letter, you suggest the vent hood is classified within subheading 8414.60.0000, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for ventilating or recycling hoods incorporating a fan, whether or not fitted with filters, and having a maximum horizontal side not exceeding 120 cm. While we agree the vent hood is classified within heading 8414, we disagree at the subheading level, as the vent hood does not satisfy the measurement requirement prescribed by the subheading.
As such, the applicable subheading for Blaze’s Barbeque Vent Hood, model number BLZ-48-VHOOD, will be 8414.59.6560, HTSUS, which provides for Air or vacuum pumps, air or other gas compressors and fans; ventilating or recycling hoods incorporating a fan, whether or not fitted with filters; parts thereof: Fans: Other: Other: Other: Other: Centrifugal. The general rate of duty is 2.3 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 at https://hts.usitc.gov/current.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8414.59.6560, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 8414.59.6560, HTSUS, listed above. The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at
https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Sandra Martinez at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division