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NY E88181

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October 28, 1999

CLA-2-85:RR:NC:N1:113 E88181

CATEGORY: CLASSIFICATION

TARIFF NO.: 8516.60.6000; 8516.90.9000

Ms. Maria Da Rocha
J. Fanok Services, Inc.
701 Penham Avenue
Secaucus, NJ 07094

RE: The tariff classification of a Rapid Grill from China

Dear Ms. Da Rocha:

In your letter dated September 28, 1999, on behalf of Tristar Products, you requested a tariff classification ruling.

The sample you provided is the CCRG 100 Rapid Grill. The grill is an electric cooking device which comes with specially designed bags for cooking small pieces of food. The bags are 8 inches by 9 ¼ inches and have a top which allows them to be held in place by posts on the machine. The user places food, such as chicken legs, into the bag and the bag is inserted into the grill in a manner similar to that of a toaster. When the device is turned on, and the lid is closed, the cooking grids press on the food, and grilling takes place.

The applicable subheading for the Rapid Grill with bags will be 8516.60.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for cooking stoves, ranges, cooking plates, boiling rings, grillers and roasters, other. The rate of duty will be 2.7 percent ad valorem.

The applicable subheading for the bags, if imported alone, will be 8516.90.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for parts, other. The rate of duty will be 3.9 percent ad valorem.

You ask about the applicability of heading 9802.00.60, HTS, to the paper bag, which is made of US paper. Heading 9802.00.60, HTS, is a provision which includes only articles of metal, and is, therefore, inapplicable.

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 James Smyth at 212-637-7008.

Sincerely,

Robert B. Swierupski
Director

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See also:

• Tariff No.: 8516.60.60 - Electrothermic cookers, cooking plates, boiling rings, grillers and roasters, nesi, of a kind used for domestic purposes
• Tariff No.: 8516.90.90 - Parts of electric instantaneous or storage water heaters and immersion heaters and other domestic electrothermic appliance, nesi
• Tariff No.: 9802.00.60 - U.S. articles of specific metals exported for further processing and returned for further processing