The tariff classification of aluminum braziers and an aluminum grill from China

N316065 December 11, 2020 CLA-2-76:OT:RR:NC:N4:422 CATEGORY: Classification TARIFF NO.: 7615.10.9100; 9903.88.15 Mr. Mark A. Wolf Fireside Industries, Inc. 13954 W Waddel Road 103-487 Surprise, Arizona 85379 RE: The tariff classification of aluminum braziers and an aluminum grill from China Dear Mr. Wolf: In your letter dated November 23, 2020, you requested a tariff classification ruling. Photographs and material breakdown sheets were also submitted with your request. The items under consideration are identified in your letter as braziers and a grill, part numbers CDFP24, CB001 and CB005. Although you reference part numbers CDFP24 and CB001 as fire pits, the items do not have the appearance of a fire pit. All of the items are portable, nonelectric charcoal or wood-fueled outdoor braziers and a grill. The braziers and the grill are comprised of series 6061 aluminum and 304 stainless steel. They are to be placed on the ground and are fully collapsible. All of the items include a canvas carrying bag for storage and portability. The first item under consideration, is referred to as the PopUp Fire Pit Base Kit, part number CDFP24. It consists of an extruded aluminum frame with four pole stands, four extruded aluminum ember guards, and a square-shaped stainless steel fire mesh. The square-shaped stainless steel fire mesh contains four grommets on each side. The brazier when fully assembled is square-shaped and measures approximately 24 inches long by 24 inches wide by 15 inches high. In use, the aluminum frame is unfolded, and when fully extended, it stands above the ground. All four ember guards contain two precut holes, that are located on each end of the rails. Each hole on the ember guard is placed on top of the pole frame. The grommets to the fire mesh are placed over each pole frame. The fire mesh is on top of the ember guards and becomes the bottom of the brazier. The fuel source of either charcoal or wood is then placed onto the fire mesh. All of the parts can be folded into the canvas carrying bag. The bag measures approximately 30 inches long by 5 inches wide by 5 inches deep. The second item under consideration, is referred to as the PopUp Fire Pit with heat shield, part number CB001. It consists of an extruded aluminum frame with four pole stands, a square-shaped aluminum coated fabric heat shield, four extruded aluminum ember guards, and a square-shaped stainless steel fire mesh. The brazier when fully assembled is square-shaped, and measures approximately 24 inches long by 24 inches wide by 15 inches high. In use, the aluminum frame is unfolded, and when fully extended, it stands above the ground. The heat shield is then attached and secured to each pole stand with Velcro straps. The center of the heat shield is then pushed down to form a bowl shape. You have indicated that the heat shield is designed to reflect the heat of the fire away from the ground. Each hole on the ember guard is placed on top of the pole frame. The grommets to the fire mesh are placed over each pole frame. The fire mesh is on top of the ember guards and becomes the bottom of the brazier. The fuel source of either charcoal or wood is then placed onto the fire mesh. All of the parts can be folded into the canvas carrying bag. The bag measures approximately 30 inches long by 5 inches wide by 5 inches deep. The third item under consideration, is referred to as the Trailblazer Brazier and Grill, part number CB005. It consists of an extruded aluminum frame with four pole stands, a square-shaped aluminum coated fabric heat shield, four extruded aluminum ember guards, a square-shaped stainless steel fire mesh and stainless steel grilling grates. The grill when fully assembled is square-shaped, and measures approximately 12 inches long by 12 inches wide, and is 11 inches high. In use, when the aluminum frame is unfolded, and when fully extended, it stands above the ground. The heat shield is then attached and secured to each pole stand with Velcro straps. The center of the heat shield is then pushed down to form a bowl shape. Each hole on the ember guard is placed on top of the pole frame. The grommets to the fire mesh are placed over each pole frame. The fire mesh is on top of the ember guards and becomes the bottom of the brazier. The stainless steel grilling grates are placed on top of the ember guards, so food can be grilled. All of the parts can be folded into the canvas carrying bag. The bag measures approximately 17 inches long by 3.5 inches wide by 3.5 inches deep. The braziers and the grill are composite goods comprised of different materials that are classifiable in different headings. Classification of merchandise under the Harmonized Tariff Schedule of the United States (HTSUS) is in accordance with the General Rules of Interpretation (GRIs) taken in order. GRI 3(b) of the HTSUS provides, in relevant part, that composite goods, which cannot be classified by reference to GRI 3(a), shall be classified as if they consisted of the material or component, which gives them their essential character. The aluminum accounts for the vast majority of the weight and value for each of the braziers and the grill. Therefore, the essential character of the braziers and the grill is the aluminum. In accordance with GRI 3(b), the braziers and the grill will be classified in heading 7615, which provides for Table, kitchen or other household articles and parts thereof, of aluminum. The applicable subheading for the aluminum braziers and the aluminum grill, part numbers CDFP24, CB001, and CB005, will be 7615.10.9100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Table, kitchen or other household articles and parts thereof, of aluminum: Other: Other.” The rate of duty will be 3.1 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 the World Wide Web at https://hts.usitc.gov/current. Please be advised that the aluminum braziers and the aluminum grill from China may be subject to antidumping duties and countervailing duties (AD/CVD). Written decisions regarding the scope of AD/CVD orders are issued by the Enforcement and Compliance office in the International Trade Administration of the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection (CBP). You can contact them at https://trade.gov/enforcement/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at https://www.usitc.gov/trade_remedy/documents/orders.xls, and you can search AD/CVD deposit and liquidation messages using CBP’s AD/CVD Search tool at https://aceservices.cbp.dhs.gov/adcvdweb. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 7615.10.9100, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 7615.10.9100, HTSUS, listed above. The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively. 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 the World Wide Web at https://hts.usitc.gov/current. 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 Dana L. Giammanco at dana.l.giammanco@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division