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 > 2004 HQ Rulings > HQ 967116 - HQ 967223 > HQ 967169

Previous Ruling Next Ruling
HQ 967169





July 30, 2004

CLA-2: RR:CR:TE: 967169 BtB

CATEGORY: CLASSIFICATION

TARIFF NO.: 7321.11.6000

Lars-Erik A. Hjelm, Esq.
Jason A. Park, Esq.
Akin Gump Strauss Hauer & Feld LLP
Robert S. Strauss Building
1333 New Hampshire Avenue, N.W.
Washington, D.C. 20036-1564

RE: Tariff classification of certain gas barbecues from China

Dear Mssrs. Hjelm and Park:

This is in response to your letter dated June 9, 2004, on behalf of Meco Corporation, regarding the classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of two models of gas barbecue grills from China, the Aussie Bonza Deluxe 3 (“Bonza Deluxe 3”) and Aussie Bonza Deluxe 4 (“Bonza Deluxe 4”). In this ruling, both models will be jointly referred to as the “Bonza Deluxe Grills.”

FACTS:

The Bonza Deluxe 3 measures approximately 55 x 25 x 46 inches and weighs approximately 153 pounds. It has three burners that burn at 36,000 BTUs per hour and has 662 square inches of cooking area. The Bonza Deluxe 4 measures approximately 61 x 25 x 46 inches and weighs approximately 179 pounds. It has four burners that burn at 48,000 BTUs per hour and has 815 square inches of cooking area. The bodies of the Bonza Deluxe Grills are made of enameled steel, are pre-assembled, and are not designed to be taken apart for transport. The Bonza Deluxe Grills also feature a porcelain-coated steel hood and bowl, cast iron grids and burners, a matchless ignition system, a built-in heat indicator, an easy-clean drip pan, and a polyurethane-coated hardwood and tubular steel cart with wheels. The Bonza Deluxe Grills operate on propane gas and require a propane-cylinder weighing approximately 20 pounds empty and 38 pounds full that is sold separately.

ISSUE:

What is the classification of the Bonza Deluxe 3 and Bonza Deluxe 4?

LAW AND ANALYSIS:

Classification under the HTSUSA is made in accordance with the General Rules of Interpretation (GRI). GRI 1 provides, in part, that classification decisions are to be "determined according to the terms of the headings and any relative section or chapter notes." In the event that goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI may then be applied, in order. The Harmonized Commodity Description and Coding System Explanatory Notes (EN) constitute the official interpretation of the Harmonized System at the international level (for the 4 digit headings and the 6 digit subheadings) and facilitate classification under the HTSUSA by offering guidance in understanding the scope of the headings and GRI. While neither legally binding nor dispositive of classification issues, the EN provide commentary on the scope of each heading of the HTSUSA and are generally indicative of the proper interpretation of the headings. See T.D. 89-80, 54 Fed. Reg. 35127-28 (Aug. 23, 1989).

Propane has been held to be a gas fuel for classification purposes (See HQ 964976, dated January 8, 2002, HQ 965297, dated January 8, 2002, and HQ 964803, dated January 10, 2002). As the Bonza Deluxe Grills are barbecue grills that operate on propane, they are classifiable pursuant to GRI 1 under subheading 7321.11, HTSUSA, which provides for “Stoves, ranges, grates, cookers (including those with subsidiary boilers for central heating), barbecues, braziers, gas rings, plate warmers and similar nonelectric domestic appliances, and parts thereof, of iron or steel: Cooking appliances and plate warmers: For gas fuel or for both gas and other fuels.” Whether the Bonza Deluxe Grills are classifiable under subheading 7321.11.10, HTSUSA, or 7321.11.60, HTSUSA, depends solely on whether the grills are portable.

In HQ 964803, we discussed the portability of barbecue grills. The eleven grill models at issue in that ruling weighed between 175 and 300 pounds (without propane tanks) and had cooking compartments of steel, and frames constructed of steel, stainless steel, or steel and wood. Each of the grills operated with liquid propane and required that a tank be attached for use. The grills were approximately 4 feet tall, five feet wide and two feet deep. The grills had approximately 735 square inches of cooking space. We found that these grill models were not “easily carried or conveyed by hand” and “not of the class or kind of article normally considered as portable” and ruled that they were classified under subheading 7321.11.60, HTSUSA.

Like the models in HQ 964803, we find that the Bonza Deluxe Grills are not portable. The Bonza Deluxe Grills are not considered by the industry to be portable and are designed for relatively fixed patio use. Marketing material explicitly states that a purpose of grills in the Bonza line is to “serve as a centerpiece for the backyard patio.” While the grills’ hardwood and steel carts with wheels may enable them to be rolled around the patio or yard, the wheels were not designed to and do not make the grills portable.

The Bonza Deluxe Grills have similar dimensions to the grill models in HQ 964803. Although the Bonza Deluxe Grills weigh slightly less than the models in HQ 964803, we find that the Bonza Deluxe Grills are also too big and heavy to be carried by hand and are not designed to be transported for away-from-home activities. Furthermore, the grills have considerably more features than grills normally considered to be portable, including hardwood/steel carts, ignition systems, built-in heat indicators, etc. We find that the two Bonza Deluxe models are classified in subheading 7321.11.6000, HTSUSA.

HOLDING:

The Bonza Deluxe 3 and Bonza Deluxe 4 are classified in subheading 7321.11.6000, HTSUSA, which provides for “Stoves, ranges, grates, cookers (including those with subsidiary boilers for central heating), barbecues, braziers, gas rings, plate warmers and similar nonelectric domestic appliances, and parts thereof, of iron or steel: Cooking appliances and plate warmers: For gas fuel or for both gas and other fuels: Other: Other.” Under the 2004 HTSUSA, merchandise classified in subheading 7321.11.6000, HTSUSA, has a “free” rate of duty.

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 internet at www.usitc.gov.

Sincerely,

Myles B. Harmon, Director

Previous Ruling Next Ruling

See also: