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NY N009209




May 4, 2007

CLA-2-85:RR:E:NC:N1:102

CATEGORY: CLASSIFICATION

TARIFF NO.: 8516.79.0000

Ms. Carole J. Shoemaker
Global Transportation Services
5025 Florence St. (Suite B)
Denver, CO 80238

RE: The tariff classification of a countertop cooker from China

Dear Ms. Shoemaker:

In your letter dated April 3, 2007 you requested a tariff classification ruling on behalf of your client GT Media.

The article in question is described as the “GT Xpress 101” countertop “grill”. The “grill” is a temperature controlled electrothermic appliance with dual cooking wells for cooking a variety of meals, including sandwiches, eggs and desserts. Descriptive literature was submitted.

In your request you suggest that the subject cooker is properly classified in subheading 8516.60.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for cooking plates, boiling rings, grillers and roasters. You further suggest that the cooker is eligible for beneficial duty treatment under HTSUS subheading 9902.23.42, which provides for dual-grid electric sandwich grillers.

However, while the GT Xpress 101 may be used to prepare sandwiches, we find that the subject appliance, which features dual, smooth-surface cooking wells, rather than cooking grids, is not a griller within the context of HTSUS subheadings 8516.60.6000 and 9902.23.42.

The applicable subheading for the will be 8516.79.0000, HTSUS, which provides for other electrothermic appliances. The rate of duty will be 2.7 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Kenneth T. Brock at 646-733-3009.

Sincerely,

Robert B. Swierupski
Director,

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