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NY J83177

April 14, 2003

CLA-2-73:RR:NC:N1:113 J83177


TARIFF NO.: 7321.83.0050

Mr. Dennis Morse
BDP International, Inc.
2721 Walker Avenue N.W.
Grand Rapids, MI 49504

RE: The tariff classification of a scent heater from China.

Dear Mr. Morse:

In your letter, received in this office on April 9, 2003, you requested a ruling on behalf of Meijer Distribution on tariff classification.

The sample you provided is item # 906095, a scent burner made of stainless steel. The burner consists of a frame made to hold a small, stainless steel bowl. The bottom of the frame has a plate shaped to hold a small candle or other solid source of heat.

The applicable subheading for this product will be 7321.83.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for stoves, grates, cookers, barbecues, braziers, gas rings, plate warmers and similar nonelectric domestic appliances, and parts thereof, of iron or steel, other appliances, for solid fuel, other. The general rate of duty will be free.

Because the item has provision for a heating source, it is our opinion that the burner is a “similar nonelectric domestic” appliance as mentioned in the heading. In your letter, you note that certain similar items of aluminum have been classified as household articles. Chapter 76, HTS, does not include a separate heading for heating devices.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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 646-733-3018.


Robert B. Swierupski

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