# HQ 965863

December 3, 2002

**CLA-2** RR:CR:GC 965863 KBR

**CATEGORY:** Classification

**TARIFF NO.:** 8419.81.90; 8516.79.00

Port Director

U.S. Customs Service

150 N. Royal Street\
Room 3004\
Mobile, AL 36602

**RE:** Protest 1901-02-100132; Water heater; Coffee maker

Dear Port Director:

This is our decision on protest 1901-02-100132 filed by counsel on
behalf of Sunbeam Products, Inc., against your action regarding the
classification, under the Harmonized Tariff Schedule of the United
States (HTSUS), of a "Hot Shot®" hot water dispenser, and a Hospitality
4-Cup Coffee Maker. The entries under protest were liquidated on May 24,
2002, and this protest was timely filed on August 8, 2002.

**FACTS:**

There are two products involved in this protest. The first product is a
Hot Shot®, Model 3211, hot water dispenser, for household use. The Hot
Shot is a table/counter top unit, standing approximately 9 ¾ inches
high, 5 inches wide and 6 inches deep. It must be plugged into a
standard, home, 2 prong 120 volt electrical outlet. The Hot Shot®
operates by pouring no more than 16 ounces of water into the top of the
article and pressing a "HEAT" button. Only water may be used in the Hot
Shot®, no other liquid or material. After a short time the water will be
heated and may be dispensed into a mug or bowl placed under a spout
located in the concave opening in the front of the Hot Shot® by
depressing the "DISPENSE" button. You classified the Hot Shot® in
subheading 8516.71.0080, HTSUS, which provides for other electrothermic
appliances, coffee makers. The protestant claims that the Hot Shot®
should be classified in subheading 8516.79.00, HTSUS, as other
electrothermic appliances, other.

The second product subject to this protest is the Hospitality 4-Cup
Coffee Maker, Model 3278/3279. This coffee maker is part of Sunbeam's
"Hospitality" line of commercial grade products. The protestant states
that the coffee maker is specifically designed for use in hotel rooms.
The coffee maker measures 9.25 inches high by 8.5 inches long, by 5
inches wide. It uses a commercial, grounded three-prong electrical plug.
The protestant states that all the metal and electrical components along
with the base plate are connected to the ground wire. The protestant
states that the coffee maker is approved under the "commercial
standards" by the Underwrtiters Laboratories, Inc. ("UL"). The coffee
maker is made from higher flammability grade plastic (Grade V) than
household coffee makers (Grade HB). The coffee makers have a one-hour
automatic shut-off. The coffee maker operates by plugging the three
prong plug into a 12 volt grounded electrical outlet, pouring up to 4
cups of water into the top of the unit, placing coffee and a filter into
the filter basket, placing a carafe under the filter basket, and
pressing the on switch. The coffee maker has a "Pause & Serve" feature
which allows the carafe to be removed so that a user may pour a cup
prior to the brew cycle finishing. You classified the coffee maker in
subheading 8516.71.0020, HTSUS, which provides for other electrothermic
appliances of a kind used for domestic purposes, coffee makers. The
protestant claims that the coffee maker should be classified in
subheading 8419.81.9040, HTSUS, as other machinery, plant or equipment
for making hot drinks or for cooking or heating food, other, of a type
used in restaurants, hotels or similar locations.

**ISSUE:**

What is the classification under the HTSUS of the Hot Shot® hot water
dispenser and the Hospitality 4-cup coffee maker?

**LAW AND ANALYSIS:**

Merchandise is classifiable under the Harmonized Tariff Schedule of the
United States (HTSUS) in accordance with the General Rules of
Interpretation (GRIs). The systematic detail of the HTSUS is such that
virtually all goods are classified by application of GRI 1, that is,
according to the terms of the headings of the tariff schedule and any
relative Section or Chapter Notes. In the event that the goods cannot be
classified solely on the basis of GRI 1, and if the headings and legal
notes do not otherwise require, the remaining GRIs may then be applied.

The HTSUS provisions under consideration are as follows:

8419 Machinery, plant or laboratory equipment, whether or not
electrically heated (excluding furnaces, ovens and other equipment of
heading 8514), for the treatment of materials by a process involving a
change of temperature such as heating, cooking, roasting, distilling,
rectifying, sterilizing, pasteurizing, steaming, drying, evaporating,
vaporizing, condensing or cooling, other than machinery or plant of a
kind used for domestic purposes; instantaneous or storage water heaters,
nonelectric; parts thereof:

Other machinery, plant or equipment:

8419.81 For making hot drinks or for cooking or heating food:

8419.81.90 Other

8516 Electric instantaneous or storage water heaters and immersion
heaters; electric space heating apparatus and soil heating apparatus;
electrothermic hairdressing apparatus (for example, hair dryers, hair
curlers, curling tong heaters) and hand dryers; electric flatirons;
other electrothermic appliances of a kind used for domestic purposes;
electric heating resistors, other than those of heading 8545; parts
thereof:

Other electrothermic appliances:

8516.71.00 Coffee or tea makers

8516.79.00 Other

In understanding the language of the HTSUS, the Harmonized Commodity
Description and Coding System Explanatory Notes may be utilized. The
Explanatory Notes (ENs), although not dispositive or legally binding,
provide a commentary on the scope of each heading of the HTSUS, and are
generally indicative of the proper interpretation of these headings.
*See* T.D. 89-80, 54 Fed. Reg. 35127, 35128 (August 23, 1989).

EN 85.16(E) states that this group includes all electro-thermic machines
and appliances provided they are normally used in the household.
Accordingly, we must determine whether the coffee maker falls within the
definition of electro-thermic machines normally used in the household.
The Section and Chapter Notes and the ENs do not provide a clear
definition of the term \"electro-thermic appliances of the kind used for
domestic purposes.\" A tariff term that is not defined in the text of
the HTSUS and the ENs is construed in accordance with its common and
commercial meaning. *Nippon Kogaku (USA) Inc. v. United States*, 69 CCPA
89, 673 F.2d 380 (1982). Common and commercial meaning may be determined
by consulting dictionaries, lexicons, scientific authorities and other
reliable sources*. C.J. Tower & Sons v. United States*, 69 CCPA 128, 673
F.2d 1268 (1982).

The term \"electrothermal\" is defined in *Webster\'s II New Riverside
University Dictionary* 423 (1988) as \"\[o\]f or relating to the
production of heat by electricity.\" The term \"domestic\" has also been
defined as \"of or pertaining to the family or household.\" *See* HQ
954781 (September 22, 1993). Furthermore, heading 8516 has been found to
be a use provision. *See* HQ 956226 (September 13, 1994).

Additional U.S. Rule of Interpretation 1(a), HTSUS, states that in the
absence of special language or context which otherwise requires, a
tariff classification controlled by use (other than actual use) is to be
determined in accordance with the use in the United States at, or
immediately prior to, the date of importation, of goods of that class or
kind to which the imported goods belong, and the controlling use is the
principal use. The subject articles will thus fall under heading 8516 if
they are found to produce heat by electricity and are the class or kind
of articles principally used in the home.

The Court of International Trade (CIT) has established various factors,
which are indicative but not conclusive, to apply when determining
principal use within a particular class or kind. They include: general
physical characteristics, the expectation of the ultimate purchaser,
channels of trade, environment of sale (accompanying accessories, manner
of advertisement and display), use in the same manner as merchandise
which defines the class, economic practicality of so using the import,
and recognition in the trade of this use. *See Hartz Mountain Corp. v.
United States*, 19 C.I.T. 1149, 1151, 903 F. Supp. 57, 59 (1995).

EN 85.16(E) at (c) excludes from this heading "\[c\]ounter-type coffee
percolators, tea or milk urns, sauté pans and chip pans used, for
example, in chip shops and other thermo-electric appliances which are
not normally used in the household...." In this instance, the coffee
maker is powered by electricity to heat water to brew coffee through a
drip method. The coffee maker only brews four cups of coffee, which is
not sufficient for restaurant or other mass sale of coffee. However,
large serving size is not required to be other than for household use.
This coffee maker is produced and marketed for sale to the hotel
industry. It is marketed in magazines and websites under the retailer's
"Hospitality" line of merchandise which contains articles for commercial
use rather than to household consumers. It is more expensive than the
similar models of 4-cup drip coffee makers made for the household. The
plastic used is a commercial grade plastic. The electric connections are
the more expensive commercial grade grounded connections. The coffee
maker is approved under the UL standards for commercial use rather than
household use standards. Therefore we find that it is not "designed and
intended to be principally used in the home" and, therefore, not
classifiable in 8516, HTSUS. HQ 959712 (May 2, 1997). Customs previously
ruled that coffee machines for use outside of the household are
classified in subheading 8419.81.90, HTSUS. *See* NY E86236 (August 23,
1999). *See also* NY E85376 August 12, 1999). The correct classification
for the Hospitality 4-cup Coffee Maker is in subheading 8419.81.90,
HTSUS, as other machinery, plant or equipment, for making hot drinks or
for cooking or heating food, other.

The Hot Shot® was classified under subheading 8516.71.20, HTSUS, as an
electric coffee maker. However, the Hot Shot® is not a coffee maker. The
article only heats water. It does not brew coffee. The instructions to
the article specifically state not to put anything but water into the
reservoir. Therefore, subheading 8516.71.20, HTSUS, is not an
appropriate classification.

Subheading 8516.10.00, HTSUS, concerning immersion heaters, is also not
an appropriate classification for the Hot Shot®. The heating coil of the
Hot Shot® is not "immersed" in the water. EN 85.16(A)(5) describes
immersion heaters as "usually with a heat-insulated handle and a hook
for hanging the heater in the vessel." This is not the case with the Hot
Shot®. There is no separate heating coil placed inside a container
holding water. The water is placed in a reservoir which is heated from
below similar to a hot pot or electric kettle. Customs determined that
an electric kettle was classified in subheading 8516.79.00, HTSUS. NY
894612 February 25, 1994. Therefore, we find that the correct
classification of the Hot Shot® is in subheading 8516.79.00, HTSUS, as
other electrothermic appliances, other.

**HOLDING:**

In accordance with the above discussion, the Hospitality 4-Cup Coffee
Maker, Model 3278/3279, is classified in subheading 8419.81.90, HTSUS,
as other machinery, plant or equipment, for making hot drinks or for
cooking or heating food, other.

The Hot Shot®, Model 3211, is classified in subheading 8516.79.00,
HTSUS, as other electrothermic appliances, other.

The protest should be **ALLOWED**. In accordance with Section 3A(11)(b)
of Customs Directive 099 3550-065, dated August 4, 1993, Subject:
Revised Protest Directive, you are to mail this decision, together with
the Customs Form 19, to the protestant no later than 60 days from the
date of this letter. Any reliquidation of the entry or entries in
accordance with the decision must be accomplished prior to mailing the
decision.

Sixty days from the date of the decision, the Office of Regulations and
Rulings will make the decision available to Customs personnel, and to
the public on the Customs Home Page on the World Wide Web at
[www.customs.gov](http://www.customs.gov/), by means of the Freedom of
Information Act, and other methods of public distribution.

Sincerely,

Myles B. Harmon, Acting Director

Commercial Rulings Division