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August 6, 1999

CLA-2-73:RR:NC:N1:113 E85297

CATEGORY: CLASSIFICATION

TARIFF NO.: 7321.13.0040

Robert O. Whitefield
Gourmet Smoker Company
17515 197th Avenue, NE
Woodinville, Washington 98072

RE: The tariff classification of charcoal grills from Taiwan

Dear Mr. Whitefield:

In your letter dated July 26, 1999, you requested a tariff classification ruling.

The merchandise is a portable charcoal grill, made of steel. You intend to import basic tabletop charcoal grills, and transform them into electric smokers by adding electrical heating elements and equipment. You also request a ruling on marking the articles “Made in USA” or “Made in USA of US and Imported Parts.” The classification of merchandise is based on its condition as imported. The processing that it undergoes after importation is irrelevant in this case.

Further, we advise you to contact the Federal Trade Commission, Division of Enforcement, 6th & Pennsylvania Avenue, NW, Washington, D.C. 20508 before you undertake to mark your finished product in that fashion since use of the phrase "Made in USA" is under that agency's jurisdiction.

The applicable subheading for the grills will be 7321.13.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for stoves, ranges, grates, cookers . . . barbecues, braziers, gas rings, plate warmers and similar nonelectric domestic appliances, of iron or steel, cooking appliances and plate warmers, for solid fuel, portable, other. The rate of duty will be free.

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 James Smyth at 212-637-7008.

Sincerely,

Robert B. Swierupski
Director

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