The tariff classification of a convection assembly from China

N183557 October 4, 2011 CLA-2-85:OT:RR:NC:N1:102 CATEGORY: Classification TARIFF NO.: 8516.90.80 Mr. Paul S. Anderson Sonnenberg & Anderson 125 S. Wacker Drive, Suite 1825 Chicago, IL 60606 RE: The tariff classification of a convection assembly from China Dear Mr. Anderson: In your letter dated September 6, 2011 you requested a tariff classification ruling on behalf of your client, International Buying Group, Ltd. Descriptive literature and technical drawings were included with your submission. The item under consideration is described as a “convection assembly” used exclusively in electric or induction type household convection ranges and ovens. The function of this assembly is to circulate the heated air within the oven in order to cook foods. You indicate that the assembly will be manufactured and sold in two different versions which differ slightly but are nearly identical in function. The first type is identified as the “true convect” version, part number W10389553, and the second variation is referred to as the “fan convect” version, part number W10389555. The “true convect” and the “fan convect” version are comprised of a convection plate, an insulation plate, a motor convection fan, an insulation/convection pad made of fiberglass and a cooling fan. However, unlike the “fan convect” version, the “true convect” version contains a convection element or heater. The heater will be assembled to the unit after importation but prior to shipment to the customer. The convection fan or motor/fan assembly portion of the convection assembly consists of a 120V motor, a fan blade, a shaft, a mounting bracket and a small fan to keep the motor cool. The motor/fan assembly distributes heated air throughout the convection oven. The insulation plate, the convection plate and the insulation pad are attached to the motor/fan assembly. The insulation plate secures the insulation pad and blocks oven heat from going back to the motor. The purpose of the convection plate is to reflect oven heat back into the oven cavity and to provide a surface for mounting the motor/fan assembly. Based on the information made available, the subject convection assembly contains various components (e.g. a motor, fan, insulation plate, convection plate, etc.) all of which are designed for use with and contribute to the function of the convection ranges/ovens. As such, we find that the convection assembly is classifiable as a part of ranges and ovens provided for in heading 8516, Harmonized Tariff Schedule of the United States (HTSUS). The applicable subheading for the convection assembly will be 8516.90.80, HTSUS, which provides for other parts for the cooking stoves, ranges and ovens of subheading 8516.60.40, HTSUS. 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/. 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 National Commodity Specialist Division