HQ 0087496 - Internal Advice request 47/90; electrical range top igniters; Heading 9613; Explanatory Note 96.13 (2); Explanatory Note 96.13; Subheading 9613.80.20; Heading 7321; Subheading 7321.90.30; Section XV note 1(m); Additional U.S. Rule of Interpretation 1(c); Heading 8516; Subheading 8516.90.20; Section XVI note 2(b). - United States International Trade Commision Rulings

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 > 1993 HQ Rulings > HQ 0087323 - HQ 0088099 > HQ 0087496

HQ 087496

November 13, 1990

CLA-2 CO:R:C:G 087496 AJS

CATEGORY: CLASSIFICATION

TARIFF NO.: 9613.80.20

District Director
Laredo, Texas
U.S. Customs Service
Lincoln Juarez Bridge, Bldg 2
P.O. Box 3130, 78044-3130

RE: Internal Advice request 47/90; electrical range top igniters; Heading 9613; Explanatory Note 96.13 (2); Explanatory Note 96.13; Subheading 9613.80.20; Heading 7321; Subheading 7321.90.30; Section XV note 1(m); Additional U.S. Rule of Interpretation 1(c); Heading 8516; Subheading 8516.90.20; Section XVI note 2(b).

Dear Sir:

This request for internal advice regarding the classifi- cation of electrical range top igniters was initiated by your memorandum of June 5, 1990.

FACTS:

The articles in question are electrical range top igniters, which are housed in plastic. The igniters are used to light gas fuel in electric gas range ovens and gas range ovens. The phrase "electric gas range ovens" refers to combination gas range ovens, and microwave ovens or other electric cooking apparatus. It is claimed that the igniters are used predominately with gas range ovens.

ISSUE:

Whether the electrical igniters at issue are properly classifiable within subheading 8516.90.20, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for "[p]arts: [c]ooking stoves ranges and ovens."; or classifiable within 7321.90.30, HTSUSA, which provides for

"[p]arts: [o]f articles in subheading 7321.11.30 (i.e., nonelectric stoves and ranges)."; or classifiable within 9613.80.20, HTSUSA, which provides for "[o]ther lighters: [e]lectrical."

LAW AND ANALYSIS:

Heading 9613, HTSUSA, provides for "[c]igarette lighters and other lighters, whether or not mechanical or electrical, and parts thereof . . ." The articles at issue are electrical devices used to light or ignite the flame on an electric gas range oven or gas range oven. Heading 9613, HTSUSA, includes electrical lighters which produce a spark by current from the mains or a battery. Explanatory Note (EN) 96.13(2). The igniters at issue are electrical devices used to ignite gas fuel. The lighters classified in heading 9613 may be designed for fitting to gas stoves, etc. EN 96.13. The igniters in question are designed to be fitted to electric gas range ovens or gas range ovens. Accordingly, the igniters satisfy the terms of heading 9613 and are classifiable therein. More specifically, they are provided for within subheading 9613.80.20, HTSUSA, as electrical lighters.

Heading 7321, HTSUSA, provides for "[s]toves, ranges . . . and similar nonelectric domestic appliances, and parts thereof, of iron or steel." It is claimed that the igniters at issue are properly classifiable as a part of a nonelectric stove or range within subheading 7321.90.30, HTSUSA. However, articles of Chapter 96 are specifically excluded from classification within heading 7321. Section XV, note 1(m). As stated previously, the igniters in question are classifiable within chapter 96. Thus, they are precluded from classification within heading 7321, HTSUSA, by the operation of this legal note.

Additional U.S. Rule of Interpretation 1(c) states that "[i]n the absence of special language or context which otherwise requires-- a provision for parts of an article covers products solely or principally used as a part of such article but a provision for `parts' . . . shall not prevail over a specific provision for such part . . ." Subheading 9613.80.20, HTSUSA, provides for electrical lighters. This subheading is a specific provision for the igniters at issue which prevails over the provision for parts of nonelectric stoves or ranges within heading 7321, HTSUSA.

Heading 8516, HTSUSA, provides for electrothermic appliances of a kind used for domestic purposes. The broker for the importer claims that the igniters at issue are classifiable within subheading 8516.90.20, HTSUSA, as a part of a cooking
stove, range and oven. Section XVI note 2(b), HTSUSA, states that parts which are suitable for use solely or principally with a particular machine are to be classified with the machine. However, the igniters in question are not used solely or principally with electric cooking stoves, etc. It is claimed that 90 percent of the igniters are used with nonelectric cooking stoves, etc. Therefore, the igniters cannot be classified as a part suitable for use solely or principally with electric cooking stoves, etc.

This conclusion regarding classification within subheading 8516.90.20, HTSUSA, is also supported by application of Additional U.S. Rule of Interpretation 1(c). As stated previous- ly, the igniters at issue are not suitable for use solely or principally with electric cooking stoves, etc. Furthermore, subheading 9613.80.20, HTSUSA, is a specific provision for the igniters which also prevails over the provision for parts of electric cooking stoves, ranges and ovens within heading 8516, HTSUSA.

HOLDING:

The electric range top igniters at issue are properly classifiable within subheading 9613.80.20, HTSUSA, which provides for "[o]ther lighters: [e]lectrical." A copy of this decision should be forwarded to the internal advice applicant.

Sincerely,

John Durant, Director
Commercial Rulings Division

Previous Ruling Next Ruling

See also: