The tariff classification of a Brooder Heater

N177255 August 16, 2011 CLA-2-73:OT:RR:NC:N1:113 CATEGORY: Classification TARIFF NO.: 7322.90.00 Mr. Kevin James O’Reilly L B White Company, Inc. W6636 LB White Road Onalaska, WI 54650 RE: The tariff classification of a Brooder Heater Dear Mr. O’Reilly: In your letter dated July 28, 2011, on behalf of K.S.P. Equipment Company, Ltd., you requested a tariff classification ruling on merchandise which you plan to export to Thailand. Descriptive literature, pictures and product specifications were submitted for our review. The product under consideration is identified in your letter as a “Brooder Heater for raising baby chickens under our Product Code Guardian 250, Part # AW250BHPE120147.” The Brooder Heater is described in the literature as a Guardian™ forced air heater that provides consistent, dependable heat for poultry environments. The Guardian 250 has a heat output ranging from 160,000 to 250,000 BTUs. It can operate by using propane or natural gas and has a heat output of 1050 CFM. The subject forced air heater features a galvanized steel cabinet, a totally enclosed motor and a fan/ blower to provide circulation of heated air. The Guardian 250 under consideration measures approximately 30.8 inches in length x 18.3 inches in width x 28.3 inches in height. The net weight of the subject forced air heater is approximately 116 pounds. You stated in your letter that the Brooder Heater is made in the United States. You suggested classification for the Brooder Heater under heading 8436, Harmonized Tariff Schedule of the United States (HTSUS). The National Import Specialist (NIS) that handles heading 8436, HTSUS, stated that “The heater used in the poultry brooder is not a part of the brooder, but rather an accessory, which 8436 does not have a provision for.” Therefore, the heaters in question are classified under heading 7322, HTSUS, as an air heater. The applicable subheading for the Brooder Heater (Guardian 250 forced air heater) will be 7322.90.00, HTSUS, which provides for air heaters, not electrically heated, incorporating a motor-driven fan or blower. 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 NIS Ann Taub at (646) 733-3018. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division