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July 9, 2008 CBP Bulletin Notice on Classification of Certain Electric Fireplaces

In the July 9, 2008 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 42, No. 29), CBP published a notice revoking a classification ruling and a treatment as follows:

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Revocation of ruling, revocation of treatment.CBP is revoking a ruling on the classification of certain electric fireplaces. CBP is also revoking any treatment it has previously accorded to substantially identical transactions.

According to CBP, the revocations are effective for merchandise entered or withdrawn from warehouse for consumption on or after September 9, 2008.

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 issuing 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 makes 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 determines that by application of GRI 1 through GRI 6, the subject electric fireplace is classified in 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."

New: 8516.29.0090, 3.7%; previous: 8516.79.0000, 2.7%

(See ITT's Online Archives or 05/14/08 news, 08051450, for BP summary of proposed HQ H005076.)

July 9, 2008 CBP Bulletin (Vol. 42, No. 29) available at http://www.cbp.gov/xp/cgov/trade/legal/bulletins_decisions/bulletins_2008/