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NY N023521

March 6, 2008



TARIFF NO.: 8531.80.0050

Mr. Kembrough Williams
Assistant Manager, Supply Chain Logistics Char-Broil LLC
1442 Belfast Avenue
P.O. Box 1240
Columbus, GA 31904

RE: The tariff classification of “Propane Genius” from China

Dear Mr. Williams:

In your letter dated February 19, 2008, you requested a tariff classification ruling.

The item concerned is referred to as the “Propane Genius”. This device is an electronic, liquid propane fuel sensor/indicator which is used in conjunction with gas barbeque grills. The electric components of this device are housed within a plastic housing that measures 1.6 inches wide by 2.6 inches high by 1.25 inches thick. The back of the plastic housing incorporates powerful magnets that allow the device to be attached to a metal propane tank. The unit incorporates both LED warning lights as well as a sound signaling mechanism. The item operates on 2-AA batteries.

The purpose of this item is to warn the user when the propane tank of their gas barbeque grill, is running low on fuel. The “Propane Genius” accomplishes this task by monitoring the fractional temperature changes of the propane tank over a period of time. Microprocessor based logic determines if the grill is on and checks the temperature every few seconds. The device will disregard erroneous signals by looking for a pattern of data. The unit can detect low gas within 10 minutes of switching on the grill.

In use, the “Propane Genius” magnetic sensor is placed on the lowest point of the propane tank. Once the grill is turned on, the device will begin monitoring the fuel level of the propane tank. When the fuel level of the propane tank passes near the bottom of the “Propane Genius”, the unit will sound and the LEDs (light emitting diodes) will flash, providing both an audible and visual low fuel warning. Once the warnings are issued, the user will have approximately two to three hours of grilling time remaining.

The applicable subheading for the “Propane Genius” will be 8531.80.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric sound or visual signaling apparatus: Other apparatus: Other”. The rate of duty will be 1.3%.

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 Steve Pollichino at 646-733-3008.


Robert B. Swierupski

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