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NY G85009




December 18, 2000

CLA-2-73:RR:NC:N1:113 G85009

CATEGORY: CLASSIFICATION

TARIFF NO.: 7321.83.0050

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of an outdoor firepot from China

Dear Ms. Aldinger:

In your letter dated December 4, 2000, you requested a tariff classification ruling.

The merchandise is a Chiminea, item 996206. The item is a cast iron version of a Mexican chimenea, a traditional cooking and heating stove. It is designed to burn logs, branches, charcoal or artificial logs. It features fire grates, spark guards, a chimney lid and a cooking grid. In this instance, the Chiminea’s principal use is to provide ambient heat to patio areas.

The applicable subheading for the Chiminea will be 7321.83.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for stoves, ranges, grates, cookers, barbecues, braziers, gas rings, plate warmers and similar nonelectric domestic appliances, and parts thereof, of iron or steel, other appliances, for solid fuel, other. The rate of duty will be free. The rate will remain unchanged in the year 2001.

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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