May 7, 2008 CBP Bulletin Notice on Classification of Certain Electric Fireplaces
In the May 7, 2008 issue of the U.S. Customs and Border Protection Bulletin (Vol. 42, No. 20), CBP published a notice proposing to revoke a classification ruling and revoke a treatment as follows:
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Proposed revocation of ruling; proposed revocation of treatment. CBP is proposing to revoke a ruling on the classification of certain electric fireplaces. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
CBP states that any party who has received a contrary written ruling or decision on the merchandise that is subject to the proposed revocations, or any party involved with a substantially identical transaction, should advise CBP by June 6, 2008, the date that written comments on the proposed ruling are due. Furthermore, CBP states that an importer's failure to advise CBP of such rulings, decisions, or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agent for importations subsequent to the effective date of the final decision in this notice.
Electric fireplace. The merchandise at issue is a freestanding electric fireplace designed to be placed in front of a wall. The unit is fitted with an electric heater with a blower as well as colored lamps and a flicker device to imitate coal or wood fire. The heater is encased in a wooden housing that is 46 inches wide, 16 inches deep and 22 inches tall.
CBP is proposing to issue HQ H005076 in order to revoke NY R03085 and reclassify the electric fireplace under HTS 8516.29, as an "electric space heating apparatus," rather than under HTS 8516.79, as an "other electrothermic appliance."
CBP proposes this change as a correction based largely on the Explanatory Notes (ENs) as well as dictionary definitions and precedents. The ENs to heading 8516 (B) (2) specifically mention "Electric Fires (fan heaters and radiant heaters), including portable types with parabolic reflectors and sometimes with built-in fans. Many of these fires are fitted with colored lamps and flicker devices to imitate a coal or wood fire" as examples of electric space heating apparatus.
CBP now proposes that by application of GRI 1 through GRI 6, the subject electric fireplace should be classified in HTS subheading 8516.29.0090, which provides for: "electric instantaneous or storage water heaters and immersion heaters; electric space heating apparatus electrothermic appliances of a kind used for domestic purposes; electric space heating apparatus other: other."
Proposed: 8516.29.0090, 3.7%; current: 8516.79.0000, 2.7%
May 7, 2008 CBP Bulletin (Vol. 42, No. 20) available athttp://www.cbp.gov/xp/cgov/trade/legal/bulletins_decisions/bulletins_2008/