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HQ 085300


November 30, 1989

CLA-2 CO:R:C:G 085300 TLS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8516.90.60

Michelle F. Forte, Esq.
Ross & Hardies
529 Fifth Avenue
New York, New York 10017-4608

RE: Reconsideration of NY 838307

Dear Ms. Forte:

You request a reconsideration of a New York ruling (NY 838307) concerning the proper classification of a glass carafe for a coffee maker under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Your letter dated July 28, 1989 has been submitted to this office for a reply.

FACTS:

The product at issue is a carafe made of glass with a plastic handle attached and a plastic lid. It is to be imported and used with a coffee-making machine. The carafe has water level markings on its side near the handle, which are to determine the number of cups of coffee or tea brewed. It also has a warning marked "CAUTION" on the side opposite from the handle. The warning states that the carafe is to be "use[d] with space encounter drip coffee maker" and "do not use on range top."

Ruling NY 838307 was issued on March 28, 1989, and at that time classified the carafe under HTSUSA heading 7013, as glassware of a kind used for kitchen purposes.

ISSUE:

Under which of the following HTSUSA headings is the glass coffee carafe properly classified:

7013, HTSUSA, covering glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes;

8516, HTSUSA, covering electric instantaneous or storage water heaters and immersion heaters; electric space heating apparatus and soil heating apparatus; electrothermic hairdressing apparatus (for example, hair dryers, hair curlers, curling tong heaters) and hair dryers; electric flatirons; other electrothermic appliances of a kind used for domestic purposes; electric heating resistors, other than those of heading 8545; parts thereof.

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI) govern the classification of articles under the HTS. GRI 1 requires that classification be determined according to the terms of the headings and any relative section or chapter notes. Part of the basis of the New York ruling is the contention that the glass carafe can be used for purposes other than just coffee making. It is believed that the carafe can be used independent from the coffeemaker with which it is imported. You argue that HTSUSA subheading 8516.90.60 is more applicable here than subheading 7013.32.20 because the former is more specific than the latter. We cannot base our final classification decision on such analysis, however. As noted above, GRI 1 states classification is to be determined according to the "terms of the headings and any relative section or chapter notes..." Furthermore, GRI 6 directs us to only compare subheadings at the same level (i.e., within the same heading). In determining which HTSUSA provision applies, we must first look at the headings before we discuss which subheading applies.

The article in question is an integral part of a coffeemaking machine. It is imported, marketed, and sold with such a machine. Its design is similar to that of other pots sold and used with coffeemaking machines. It is also clear that the carafe is to be used with a coffeemaker, even if it can be used for other purposes. Customs has issued an earlier ruling concerning a similar product. In ruling #553651 (December 2, 1985), it was ruled that the subject article, a coffee decanter manufactured specifically for use with a coffeemaker, was "unquestionably" designed to be chiefly used with a coffeemaker as a part. In the present case, the carafe is manufactured specifically for use with the coffeemaker it is manufactured and sold with. Thus, even assuming other uses are possible, we find that the use as a coffee pot for the coffeemaker is the principal use of this article and it is a part.

Note 2(b) of Section XVI requires us to classify a part of a machine with that machine if it is suitable for use solely or principally with that particular machine. We believe such is the case here. The Explanatory Notes (EN) of the Harmonized Commodity Description and Coding System provides additional guidance when determining classification under the HTS. EN 85.16(E)(3) states that coffee or tea makers are regarded as electrothermic appliances for use in the household. As an article that is a part of a coffeemaking machine, the carafe can be considered a part of an electrothermic appliance of heading 8516. Therefore, we find it to be properly classifiable under 8516 rather than heading 7013 because of Section XVI note 2(b).

HOLDING:

The glass coffee carafe is classified under subheading 8516.90.60, HTSUSA, as a part of an electrothermic appliance of a kind used for domestic purposes.

Sincerely,

John Durant, Director

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