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HQ 960197




SEPTEMBER 17, 1997

CLA-2 RR:CR:GC 960197 JAS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8210.00.00

Port Director of Customs
555 Battery St.
San Francisco, CA 94111

RE: PRD 2809-96-101485; French Press Coffee Maker, Carafe of Heat-Resistant Glass With Handle, Pour Spout, Stainless Steel Top, and Hand-Operated Plunger With Mesh Filter; Other Glassware of a Kind Used for Table, Kitchen or Similar Purposes; Heading 8210, Hand-Operated Mechanical Appliance Used in the Preparation of Food or Drink; HQ 960669

Dear Port Director:

This is our decision on Protest 2809-96-101485, filed against your classification under the Harmonized Tariff Schedule of the United States (HTSUS), of a French Press Coffee Maker. The entry under protest was liquidated on August 30, 1996, and this protest timely filed on November 8, 1996.

FACTS:

The French Press Coffee Maker under protest, model 5003, is 3-cup size and non-electric. Each model consists of a heat-resistant glass carafe, a steel wire mesh filter attached to a rod-like plunger and screen, chrome plated stainless steel lid, and a cork base. In operation, boiling water and coffee are added to the carafe. When the coffee has brewed, the plunger is slowly pressed downward, pushing the grounds to the bottom of the carafe.

Based on a ruling on substantially similar merchandise, HQ 087313, dated September 4, 1990, the entry was liquidated under subheading 7013.39.50, HTSUS, as glassware, not pressed and toughened, of a kind used for table or kitchen purposes. Protestant claims that this ruling is incorrect and that the - 2 -
merchandise is classifiable as a non-electric mechanical appliance used in the preparation of food or drink, in heading 8210.00.00, HTSUS.

The provisions under consideration are as follows:

7013 Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018): 7013.39 Other:

7013.39.10 Pressed and toughened (specially tempered)...12.5 percent ad valorem
Other:

7013.39.50 Valued over $3 each but not over $5 each

8210.00.00 Hand-operated mechanical appliances, weighing 10 kg or less, used in the preparation, conditioning or serving of food or drink, and base metal parts thereof...4.3 percent ad valorem

ISSUE:

Whether non-electric coffee maker model 5003 is a good of heading 8210.

LAW AND ANALYSIS:

Merchandise is classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) in accordance with the General Rules of Interpretation (GRIs). GRI 1 states in part that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes, and provided the headings or notes do not require otherwise, according to GRIs 2 through 6.

The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation of the Harmonized System. While not legally binding on the contracting parties, and therefore not dispositive, the ENs provide a commentary on the scope of each heading of the Harmonized System and are thus useful in ascertaining the classification of merchandise under the System. Customs believes the ENs should always be consulted. See T.D. 89-80. 54 Fed. Reg. 35127, 35128 (Aug. 23, 1989).

Chapter 82, Note 1(a), HTSUS, states, in relevant part, that the chapter covers articles with a working surface or other working part of base metal. The wire mesh filter and plunger on the model 5003, in our opinion, fall within this description. Moreover, relevant ENs at p. 1206 state that for the purposes of heading 8210 a simple lever or plunger action is not in itself regarded as a mechanical feature unless the appliance is fitted with base plates, etc., for standing on a table, on the floor, etc. Similar coffee makers are fitted around their circumference with a metal band that extends vertically to the floor to form feet. Model 5003, however, has a cork base. In our opinion, model 5003 is described by heading 8210.

Non-electric coffee makers substantially similar to the model 5003 are also described by heading 7013. GRI 3(a), HTSUS, states that where goods are, prima facie, classifiable in two or more headings, the heading which provides the most specific description shall be preferred to headings providing a more general description. In this case, the non-electric coffee makers are prima facie classifiable both in heading 7013 and in heading 8210. Heading 7013 provides a less complete description for the good because it does not take account of the base metal mesh filter and plunger. Heading 8210, on the other hand, describes the entire article and more clearly identifies it as an appliance with mechanical capability that operates by hand. In our opinion, heading 8210 provides the most specific description for the model 5003 non-electric coffee maker. HQ 960669, dated September 10, 1997, specifically revoked HQ 087313, the ruling to which the protestant objects.

HOLDING:

Under the authority of GRI 3(a), HTSUS, the non-electric coffee maker model 5003 is provided for in heading 8210. It is classifiable in subheading 8210.00.00, HTSUS.

The protest should be ALLOWED. In accordance with Section 3A(11)(b) of Customs Directive 099 3550-065, dated August 4, 1993, Subject: Revised Protest Directive, you should mail this decision, together with the Customs Form 19, to the protestant no later than 60 days from the date of this letter. Any reliquidation of the entry or entries in accordance with the decision must be accomplished prior to mailing the decision. Sixty days from the date of the decision the Office of Regulations and Rulings will take steps to make the decision available to Customs personnel via the Customs Rulings Module in ACS and to the public via the Diskette Subscription Service, the Freedom of Information Act and other public access channels.

Sincerely,

John Durant, Director
Commercial Rulings Division

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