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NY N017939




October 25, 2007

CLA-2-73:OT:RR:E:NC:N1:102

CATEGORY: CLASSIFICATION

TARIFF NO.: 7321.19.0040

Mr. James B. Becker
Spenton LLC
8735 Big Woods Lane
Eden Prairie, MN 55347

RE: The tariff classification of a camp stove from India

Dear Mr. Becker:

In your letter dated October 1, 2007 you requested a tariff classification ruling. Descriptive literature was submitted.

The item you plan to import is described as a WoodGas camp stove made of steel and aluminum. You indicated in a telephone conversation on October 22, 2007, that the predominate weight of the article is steel. This portable wood burning stove measures 6.5 inches in height, 5 inches in diameter and weighs approximately 2 pounds. The stove uses a small fan to draw in fresh air into a combustion chamber that helps fuel the fire. Two AA batteries power the fan on one of two speed settings for easy temperature control.

The applicable subheading for the camp stove will be 7321.19.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other portable cooking appliances and plate warmers including appliances of solid fuel, of iron or steel. The rate of duty is free.

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/.

You state in your request the stove is imported without any of its marking/trade labels or warning labels attached. However, please be advised that all items need to be marked with country of origin prior to importation.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

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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