United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1993 HQ Rulings > HQ 0085976 - HQ 0087285 > HQ 0087064

Previous Ruling Next Ruling



HQ 087064


August 5, 1991

CLA-2 CO:R:C:M 087064 MBR

CATEGORY: CLASSIFICATION

TARIFF NO.: 8516.60.40

District Director
U.S. Customs Service
Room 137
110 S. Fourth St
Minneapolis, Minnesota 55401

RE: Protest No. 3501-89-000049, dated June 15, 1989; "Jet-Stream Ovens"; GRI 2.(a); Essential Character

Dear Sir:

Protest No. 3501-89-000049, together with an application for further review, was timely filed June 15, 1989, by Alternative Pioneering Systems, Inc., against your action in which "Jet-Stream Ovens" were classified under subheading 8516.79.00, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), whereas, protestor claims classification is proper under subheading 8516.60.40, HTSUSA, or alternatively, under subheading 8516.90.20, HTSUSA.

FACTS:

The "Jet-Stream Oven" is a technological innovation that uses forced hot air to perform the following cooking functions: air fry, boil, bake, grill, broil, steam, roast, and rotisserie. The instant merchandise is capable, with the use of height "expander rings," to roast an entire turkey in less time than a conventional oven or microwave oven. At importation, the oven consists of an electric heat source, a light, a fan, and a control assembly. After importation, the clear cover and base (manufactured in the U.S.), which form the cooking enclosure, are added to complete the oven.

ISSUE:

What is the classification of the "Jet-Stream Oven" assembly, under the Harmonized Tariff Schedule of the United States Annotated

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) to the HTSUSA govern the classification of goods in the tariff schedule. GRI 1 states, in pertinent part:

...classification shall be determined according to the terms of the headings and any relative section or chapter notes...

The protestant asserts that the "Jet-Stream Oven" is properly classifiable under subheading 8516.60.40, HTSUSA, or alternatively, under subheading 8516.90.20, HTSUSA, which provide for:

8516 Other electrothermic appliances of a kind used for domestic purposes; parts thereof:

8516.60.40 Other ovens; cooking stoves, ranges, cooking plates, boiling rings, grillers and roasters: Cooking stoves, ranges and ovens.

8516.90.20 Parts: Of cooking stoves, ranges and ovens.

The Explanatory Notes provide no direction as to what characterizes "cooking stoves," "ranges" and "ovens." However, Webster's II New Riverside University Dictionary, page 837, (1984), defines "oven" as: "An enclosed compartment supplied with heat and used for cooking food and for heating or drying objects placed within." Webster's II, Id., defines "heat" as: "1. a form of energy associated with the motion of atoms or molecules in solids and capable of being transmitted through solid and fluid media by conduction, through fluid media by convection, and through empty space by radiation."

In HQ 082568, dated December 12, 1989, Customs held that four models of convection steam ovens met the above definition of "ovens" and were therefore classifiable as such. We stated:

All four models in question meet the above definition of "oven" because they are enclosed compartments (with a door), supplied with convection heat and are used for cooking food. Furthermore, they look and act like conventional ovens except they are faster and more efficient by using steam convection as a heat source. However, they can not brown or bake foodstuffs.

The instant "Jet-Stream Oven" uses super-heated forced hot air to perform the following cooking functions: air fry, boil, bake, grill, broil, steam, roast, and rotisserie. The instant merchandise is capable, with the use of height "expander rings," to roast an entire turkey in less time than a conventional oven or microwave oven.

The "Jet-Stream Oven" also meets the above definition of an "oven," because it forms an enclosed compartment, and it utilizes convection heat to cook food, in the same manner as a conventional oven, only more efficiently. See Simmon Omega, Inc. v. United States, 83 Cust. Ct. 14, C.D. 4815 (1979), for the fundamental longstanding tariff classification principle that Congress did not intend to foreclose the classification of future innovations and technological advancements in tariff provisions. See also HQ 086533, dated May 15, 1990, in which Customs held that even special purpose technological advancements such as domestic "Bread Ovens" were properly classifiable under subheading 8516.60.40, HTSUSA.

At importation, the oven consists of an electric heat source, a light, a fan, and a control assembly. After importation, the clear cover and base (manufactured in the U.S.), which form the cooking enclosure, are added to complete the oven. The protestant argues that the "Jet-Stream" oven assembly is merely a "part" "of cooking stoves, ranges and ovens," and therefore classifiable under subheading 8516.90.20, HTSUSA.

GRI 2.(a) provides direction here. It states:

Any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as entered, the incomplete or unfinished article has the essential character of the complete or finished article. It shall also include a reference to that article complete or finished (or falling to be classified as complete or finished by virtue of this rule), entered unassembled or disassembled. (Emphasis added).

At importation, the oven consists of an electric heat source, a light, a fan, and a control assembly, and is complete in all respects, requiring the addition of only the clear cover and base. Therefore, it is Customs position that the "Jet-Stream Oven," as entered, imparts the essential character of the complete "Jet- Stream Oven."

HOLDING:

The "Jet-Stream Oven," imported by Pioneering Systems, Inc., is properly classifiable under subheading 8516.60.40, HTSUSA, which provides for: "Other electrothermic appliances of a kind used for domestic purposes; parts thereof: Other ovens; cooking stoves, ranges, cooking plates, boiling rings, grillers and roasters: Cooking stoves, ranges and ovens." The rate of duty is Free.

You should allow the protest in full. A copy of this
decision should be attached to the Form 19 Notice of Action.

EFFECT ON OTHER RULINGS:

NY 833560, dated January 20, 1989, held that the identical merchandise was classifiable in subheading 8516.79.00, which provides for other electrothermic appliances of a kind used for domestic purposes. However, for the reasons stated above, NY 833560 no longer reflects our current position, and is hereby revoked under authority of section 177.9(d), Customs Regulations.

Sincerely,

John Durant, Director

Previous Ruling Next Ruling

See also: