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NY K85066




May 7, 2004

CLA-2-73:RR:NC:N1:113 K85066

CATEGORY: CLASSIFICATION

TARIFF NO.: 7321.11.1060; 7321.90.6030; 7615.19.7060; 4202.92.3020

Mr. Ralph Natale
American Shipping Company, Inc.
140 Sylvan Ave.
Englewood Cliffs, NJ 07632

RE: The tariff classification of barbecues and accessories from China.

Dear Mr. Natale:

In your letter dated April 6, 2004, you requested a ruling on behalf of Thane International, Inc. on tariff classification.

The samples you provided are a barbecue and a number of accessories. The Qtm Portable Barbecue Grill has a foldable, backpack design and may be used anywhere. It uses propane for fuel. It includes a cookbook, drip trays and batteries to operate the light.

The applicable subheading for this product will be 7321.11.1060, 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, of iron or steel, cooking appliances and plate warmers, portable, other. The general rate of duty will be 5.7 percent ad valorem.

The griddle inserts are purchased as an option to convert the BBQ into use as a griddle. Two pieces come in a set, and they are made of steel.

The applicable subheading for this product will be 7321.90.6030, Harmonized Tariff Schedule of the United States (HTS), which provides for parts [of stoves, etc. of iron or steel], other. The general rate of duty will be free.

The drip trays are designed to catch the grease that normally drips from food being barbecued. They are made of aluminum and are sold ten to a pack. Samples of these items were not received in this office. We assume that they do not have nonstick interior finishes.

The applicable subheading for this product will be 7615.19.7060, Harmonized Tariff Schedule of the United States (HTS), which provides for table, kitchen or other household articles and parts thereof, of aluminum, other, not enameled or glazed and not containing nonstick interior finishes, other. The general rate of duty will be 3.1 percent ad valorem.

The submitted sample is identified as inventory #733-C001 “Barbecue Backpack”. It is a backpack wholly of a man-made fiber textile material. It measures 15” x 24” x6” and is dome shaped. The backpack has an inner lining of man-made fiber textile materials and an inner layer of foamed plastics. It has a web pick-up loop and top handle with molded plastic grip. There is a mesh bottle holder with cord lock on each side. The backpack is imported and sold at retail as a single unit. Although it is intended to be an accessory for the “Q Portable Barbecue Grill”, it is designed and fitted the same as a backpack .

The applicable subheading for the backpack will be 4202.92.3020, Harmonized Tariff Schedule of the United States (HTS), which provides, in part, for travel, sport and similar bags, backpacks, with outer surface of textile materials, of man-made fibers. The duty rate will be 17.6 percent ad valorem.

Items classified within tariff umber 4202.92.3020 fall within textile category designation 670. Based upon international textile trade agreements products of China are not currently subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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