Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Notices 44031 

these headings. See Treasury Decision 

(T.D.) 89–80, 54 FR 35127, 35128 

(August 23, 1989). 

The General EN to Chapter 7, HTSUS, 

provides, in pertinent part, that this 

Chapter covers vegetables, including the 

products listed in Note 2 to the Chapter, 

whether fresh, chilled, frozen (uncooked 

or cooked by steaming or boiling in 

water), provisionally preserved or dried 

(including dehydrated, evaporated or 

freeze-dried), and that some of these 

products when dried and powdered are 

sometimes used as flavoring materials 

but nevertheless remain classified in 

heading 07.12. The EN further states 

that vegetables prepared or preserved by 

any process not provided for in Chapter 

7 fall in Chapter 20. The EN for heading 

07.12 states, in pertinent part, that the 

heading covers vegetables of headings 

07.01 to 07.11 which have been dried 

(including dehydrated, evaporated or 

freeze-dried) i.e., with their natural 

water content removed by various 

processes. The EN further provides that 

heading 0712, HTSUS, covers dried 

vegetables, broken or powdered, such as 

asparagus, cauliflower, parsley, chervil, 

onion, garlic, celery, generally used 

either as flavouring materials or in the 

preparation of soups. The EN for 

heading 20.05 states, in pertinent part, 

that the heading covers products (other 

than vegetables prepared or preserved 

by vinegar or acetic acid of heading 

20.01, frozen vegetables of heading 

20.04 and vegetables preserved by sugar 

of heading 20.06) that have been 

prepared or preserved by processes not 

provided for in Chapter 7 or 11. 

Elaboration of the Petitioner’s Views 

Petitioner contends that the proper 

classification for the subject dried onion 

products is subheading 0712.20.20, 

HTSUS, which provides for ‘‘Dried 

vegetables, whole, cut, sliced, broken or 

in powder, but not further prepared: 

Onions: Powder or flour.’’ Petitioner 

contends that the subject onion 

products are (1) preserved by drying 

and, therefore, excluded from Chapter 

20, HTSUS; (2) neither ‘‘preserved’’ nor 

‘‘prepared’’ in a manner covered by 

Chapter 20, HTSUS; and (3) not 

‘‘prepared’’ or ‘‘preserved’’ under the 

‘‘common and commercial meaning’’ of 

those terms. Specifically, Petitioner 

argues that the subject dried onion 

products are neither prepared nor 

preserved because the small quantities 

of salt or preservatives do not create a 

permanent change to the onion powder. 

In support of its argument, Petitioner 

relies on Headquarters Ruling Letter 

(HQ) H243645 (September 30, 2015) 

wherein CBP classified dried sliced and 

diced potatoes with added sodium 

bisulfate under subheading 0712.90.30, 

HTSUS, as dried potatoes not further 

prepared. In HQ H243645, CBP 

determined that sodium bisulfite simply 

preserved the potatoes’ freshness, color 

and flavor, and did not further prepare 

the product. 

Petitioner asserts that to the extent the 

products are mixtures of multiple 

ingredients, the essential character of 

these products remains onion powder 

and therefore they should be classified 

under 0712.20.20, HTSUS, pursuant to 

GRI 3(b). Petitioner also argues that 

classifying such products as ‘‘prepared’’ 

or ‘‘preserved’’ is contrary to the 

intention to protect domestic 

production of dried onion as indicated 

by the high tariff rate applicable to dried 

onion and dried onion powder. 

Analysis Used by CBP in Prior Rulings 

Subheading 2005.99.20, HTSUS, 

provides for ‘‘Other vegetables prepared 

or preserved otherwise than by vinegar 

or acetic acid, not frozen, other than 

products of heading 2006: Other 

vegetables and mixtures of vegetables: 

Other: Onions.’’ The EN for heading 

07.12 provides guidance that the 

heading covers dried vegetables in 

powder form, including onion, not 

otherwise prepared. If a dried vegetable 

product is prepared beyond the scope of 

heading 0712, HTSUS, it will be 

precluded from classification in that 

heading and classifiable in heading 

2005, HTSUS. 

In the rulings at issue, the dried onion 

products are comprised of dried onion 

powder and varying additional 

ingredients. Specifically, NY N265994 

classified agglomerated onion powder 

consisting of 94.5% dried onion 

powder, 5% water, and 0.5% of 

maltodextrin, silicon dioxide, and 

potassium sorbate combined. NY 

N261449 classified onion and salt 

powders blended in five different 

formulations: 91% onion powder and 

9% salt; 93% onion powder and 7% 

salt; 95% onion powder and 5% salt; 

97% onion powder and 3% salt; and 

99% onion powder and 1% salt. NY 

N257752 classified five products, two of 

which were comprised of onion powder 

and salt. The first consisted of 80% 

onion powder and 20% salt and the 

second consisted of 90% onion powder 

and 10% salt. Finally, NY M86441 

classified agglomerated onion powder 

consisting of 88.5% dehydrated onion 

powder, 5% water, 4% corn starch, 1% 

Arabic gum, 1% silicon dioxide, and 

0.5% citric acid. CBP determined that 

the addition of salt and other 

ingredients, regardless of the 

proportions, further prepared the onion 

powder beyond the scope of heading 

0712, HTSUS. Thus, these dried onion 

products were classified pursuant to 

GRI 1 in subheading 2005.99.20, 

HTSUS, as onions prepared or 

preserved otherwise than by vinegar or 

acetic acid. 

Comments 

Pursuant to section 175.21, CBP 

Regulations (19 CFR 175.21), before 

making a determination on this matter, 

CBP invites written comments on the 

petition from interested parties. 

The domestic interested party petition 

concerning the tariff classification of 

certain dried onion products, as well as 

all comments received in response to 

this notice, will be available for public 

inspection on the docket at 

www.regulations.gov. 

Authority 

This notice is published in 

accordance with 19 U.S.C. 1516 and 

section 175.21 of the CBP Regulations 

(19 CFR 175.21). 

Troy A. Miller, the Acting 

Commissioner, having reviewed and 

approved this document, is delegating 

the authority to electronically sign this 

document to Robert F. Altneu, who is 

the Director of the Regulations and 

Disclosure Law Division for CBP, for 

purposes of publication in the Federal 

Register. 

Dated: August 6, 2021. 

Robert F. Altneu, 

Director, Regulations & Disclosure Law 

Division, Regulations & Rulings, Office of 

Trade, U.S. Customs and Border Protection. 

[FR Doc. 2021–17142 Filed 8–10–21; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

[Docket No. USCBP–2021–0029] 

Receipt of Domestic Interested Party 

Petition Concerning the Tariff 

Classification of Steel Table Pans 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security. 

ACTION: Notice of receipt of domestic 

interested party petition; solicitation of 

comments. 

SUMMARY: U.S. Customs and Border 

Protection (CBP) has received a petition 

submitted on behalf of a domestic 

interested party requesting the 

reclassification, under the Harmonized 

Tariff Schedule of the United States 

(HTSUS), of certain steel table pans. 

CBP currently classifies the subject steel 


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44032 Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Notices 

table pans under subheading 

7323.93.00, HTSUS, as table, kitchen or 

other household articles and parts 

thereof of iron or steel, other, other, of 

stainless steel. Petitioner contends that 

the proper classification for the subject 

steel table pans is under subheading 

8419.90.95, HTSUS, as parts of steam 

tables, which are machinery for the 

treatment of materials by a process 

involving a change of temperature such 

as . . . steaming, other than machinery 

of a kind used for domestic purposes. 

This document invites comments with 

regard to the correctness of the current 

classification. 

DATE: Comments must be received on or 

before October 12, 2021. 

ADDRESSES: You may submit comments, 

identified by docket number, by the first 

method listed below: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

via docket number USCBP–2021–0029. 

• Mail: Due to COVID–19-related 

restrictions, CBP has temporarily 

suspended its ability to receive public 

comments by mail. 

Instructions: All submissions received 

must include the agency name and 

docket number for this notice of 

domestic interested party petition 

concerning the tariff classification of 

steel table pans. All comments received 

will be posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

Docket: For access to the docket to 

read background documents, exhibits, 

or comments received, go to http://

www.regulations.gov. Due to the 

relevant COVID–19-related restrictions, 

CBP has temporarily suspended on-site 

public inspection of public comments. 

FOR FURTHER INFORMATION CONTACT: 

Anthony L. Shurn, Electronics, 

Machinery, Automotive, and 

International Nomenclature Branch, 

Regulations and Rulings, Office of 

Trade, Customs and Border Protection, 

at (202) 325–0218, or by email at 

anthony.l.shurn@cbp.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

A petition has been filed under 

section 516 of the Tariff Act of 1930, as 

amended (19 U.S.C. 1516), on behalf of 

The Vollrath Company, LLC (Vollrath or 

Petitioner), which is a commercial and 

consumer food service equipment 

manufacturer and supplier based in 

Sheboygan, Wisconsin. Vollrath meets 

all of the requirements of a domestic 

interested party set forth in 19 U.S.C. 

1516(a)(2) and section 175.3(a) in title 

19 of the Code of Federal Regulations 

(CFR) (19 CFR 175.3(a)). 

In New York Ruling (NY) C87748 

(May 27, 1998), CBP’s predecessor, the 

U.S. Customs Service (Customs), stated 

that ‘‘steam table pans and chafers of 

stainless steel’’ are ‘‘items [that] come in 

various sizes. They are intended to be 

placed in a steam table or in a food 

warmer to keep food hot. They can not 

[sic] be used on top of a stove.’’ CBP 

classified the ‘‘steam table pans and 

chafers of stainless steel’’ under 

subheading 7323.93.00, HTSUS, which 

provides for ‘‘Table, kitchen or other 

household articles and parts thereof, of 

iron or steel; iron or steel wool; pot 

scourers and scouring or polishing pads, 

gloves and the like, of iron or steel: 

Other: Of stainless steel.’’ Petitioner 

contends that the proper classification 

for the steel table pans is under 

subheading 8419.90.95, HTSUS, which 

provides for ‘‘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: Parts: Other’’. 

Applicable Legal Principles 

Classification under the HTSUS is 

determined in accordance with the 

General Rules of Interpretation (GRIs) 

and, in the absence of special language 

or context which otherwise requires, by 

the Additional U.S. Rules of 

Interpretation (ARIs). GRI 1 provides 

that the classification of goods shall be 

determined according to the terms of the 

headings 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, 

GRIs 2 through 6 may be applied in 

order. 

The Explanatory Notes (ENs) to the 

Harmonized Commodity Description 

and Coding System represent the official 

interpretation of the tariff at the 

international level. While neither legally 

binding nor dispositive, the ENs provide 

a commentary on the scope of each 

heading of the HTSUS and are generally 

indicative of the proper interpretation of 

these headings. See Treasury Decision 

(T.D.) 89–80, 54 FR 35127, 35128 

(August 23, 1989). The EN for heading 

73.23, states, in pertinent part, that this 

group comprises a wide range of iron or 

steel articles, not more specifically 

covered by other headings of the 

Nomenclature, used for table, kitchen or 

other household purposes; it includes 

the same goods for use in hotels, 

restaurants, boarding-houses, hospitals, 

canteens, barracks, etc. The EN further 

states, in pertinent part, that the group 

includes articles for kitchen use such as 

steamers and preserving pans and that 

the group also includes iron or steel 

parts of the article listed above such as 

separating compartments for pressure 

cookers. 

Elaboration of Petitioner’s Views 

Petitioner contends that the proper 

classification for the subject steel table 

pans is subheading 8419.90.95, HTSUS, 

which provides for ‘‘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.’’ Petitioner contends that 

between the classifications that merit 

consideration, heading 8419, HTSUS, is 

the most appropriate because steel table 

pans are not table, kitchen or other 

household articles of heading 7323, 

HTSUS. Petitioner further states that 

classification of the steel table pans as 

a part of steam tables and commercial 

chafers within heading 8419, HTSUS, is 

supported by the tariff headings, the EN 

to heading 8419, HTSUS, and court 

decisions that establish the definition of 

a ‘‘part.’’ 

Petitioner contends that steam tables 

are classified under subheading 

8419.81.90, HTSUS, in reliance upon 

Customs’ ruling in NY N836798 

(February 22, 1989), which classified a 

food warmer used to transport food to 

various areas located within commercial 

establishments, and the EN to heading 

84.19. Subheading 8419.81.90, HTSUS, 

provides for ‘‘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 


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Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Notices 44033 

domestic purposes: Other machinery, 

plant and equipment: For making hot 

drinks or for cooking or heating food: 

Other.’’ 

According to the Petitioner, steam 

tables, which are gas or electric powered 

machines used in commercial food 

service operations to heat and hold 

prepared food, are a type of steamheated cooker, and that steam tables are 

appropriately classified under heading 

8419, HTSUS, in reliance upon Part I 

(17) to EN 84.19, which includes 

specialized heating or cooking 

apparatus which are not normally used 

in the household (e.g., steam-heated 

cookers, hot-plates, warming cupboards, 

drying cabinets, etc.). Petitioner asserts 

that the subject steel table pans are parts 

of steam tables in reliance upon the 

notes to Section XVI, HTSUS, which 

provide, in pertinent part, that parts and 

accessories, if suitable for use solely or 

principally with a particular kind of 

machine, instrument or apparatus, or 

with a number of machines, instruments 

or apparatus of the same heading are to 

be classified with the machines, 

instruments, or apparatus of that kind. 

Petitioner advises that the subject steel 

table pans are specifically designed to 

fit within the standard size well of a 

steam table, transfer heat from the steam 

to the food, and withstand extended 

exposure to steam, and therefore, that 

the steel table pans are principally used 

with steam tables. 

Petitioner advises that CBP’s rulings 

are inconsistent. Petitioner references 

NY C87748 (May 27, 1998) in which 

Customs classified steam table pans and 

chafers of stainless steel under 

subheading 7323.93.00, HTSUS; NY 

N199500 (January 24, 2012), in which 

CBP rejected classification of chafing 

dishes heated by sterno candles under 

subheading 8419.81.90, HTSUS, 

because the unit was not mechanical; 

and, NY C88591 (July 1, 1998), in which 

Customs classified a similar chafer set 

with water pan, food pan, and cover 

under subheading 8419.81.90, HTSUS. 

According to Petitioner, unlike the 

products of NY N199500, the steel table 

pans at issue here are not excluded from 

heading 8419 because they are 

specifically designed to be used with 

electric or gas-powered steam tables. 

Petitioner notes that the subject steel 

table pans should be classified in 

accordance with NY C88591 under 

heading 8419, HTSUS. 

Analysis Used by CBP in Prior Rulings 

Note 1(f) to Section XV, HTSUS, 

provides in pertinent part that this 

section does not cover articles of section 

XVI (machinery, mechanical appliances 

and electrical goods). Subheading 

7323.93.00, HTSUS, provides, in 

pertinent part, for ‘‘Table, kitchen or 

other household articles and parts 

thereof, of iron or steel; iron or steel 

wool; pot scourers and scouring or 

polishing pads, gloves and the like, of 

iron or steel: Other: Of stainless steel.’’ 

CBP has classified stainless steel 

cookware, including chafing dishes and 

steam pans, under heading 7323, 

HTSUS, where the merchandise is not 

mechanical or electric. See NY C87748 

and NY N199500. As noted above, 

however, in NY C88591, CBP’s 

predecessor classified a chafer set with 

water pan, food pan, and cover in 

subheading 8419.81.90, HTSUS. 

Comments 

Pursuant to section 175.21 of the CBP 

Regulations (19 CFR 175.21), before 

making a determination on this matter, 

CBP invites written comments on the 

petition from interested parties. 

The domestic interested party petition 

concerning the tariff classification of 

certain steel table pans, as well as all 

comments received in response to this 

notice, will be available for public 

inspection on the docket at 

www.regulations.gov. 

Authority 

This notice is published in 

accordance with 19 U.S.C. 1516 and 

section 175.21 of the CBP Regulations 

(19 CFR 175.21). 

Troy A. Miller, the Acting 

Commissioner, having reviewed and 

approved this document, is delegating 

the authority to electronically sign this 

document to Robert F. Altneu, who is 

the Director of the Regulations and 

Disclosure Law Division for CBP, for 

purposes of publication in the Federal 

Register. 

Dated: August 6, 2021. 

Robert F. Altneu, 

Director, Regulations & Disclosure Law 

Division, Regulations & Rulings, Office of 

Trade, U.S. Customs and Border Protection. 

[FR Doc. 2021–17138 Filed 8–10–21; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

[Docket No. USCBP–2020–0023] 

Receipt of Domestic Interested Party 

Petition Concerning the Tariff 

Classification of Mixtures of Dried 

Garlic and Dried Onion 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security. 

ACTION: Notice of receipt of domestic 

interested party petition; solicitation of 

comments. 

SUMMARY: U.S. Customs and Border 

Protection (CBP) has received a petition 

submitted on behalf of a domestic 

interested party requesting the 

reclassification, under the Harmonized 

Tariff Schedule of the United States 

(HTSUS), of certain dried garlic and 

dried onion mixtures. CBP currently 

classifies the subject dried garlic and 

dried onion mixtures under subheading 

0712.90.85, HTSUS, as mixtures of 

dried vegetables. Petitioner contends 

that the proper classification for the 

subject dried garlic and dried onion 

mixtures is under subheading 

0712.90.40, HTSUS, as dried garlic. This 

document invites comments with regard 

to the correctness of the current 

classification. 

DATES: Comments must be received on 

or before October 12, 2021. 

ADDRESSES: You may submit comments, 

identified by docket number, by the first 

method listed below: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

via docket number USCBP–2020–0023. 

• Mail: Due to COVID–19-related 

restrictions, CBP has temporarily 

suspended its ability to receive public 

comments by mail. 

Instructions: All submissions received 

must include the agency name and 

docket number for this notice of 

domestic interested party petition 

concerning the tariff classification of 

dried garlic and dried onion mixtures. 

All comments received will be posted 

without change to http://

www.regulations.gov, including any 

personal information provided. 

Docket: For access to the docket to 

read background documents, exhibits, 

or comments received, go to http://

www.regulations.gov. Due to the 

relevant COVID–19-related restrictions, 

CBP has temporarily suspended on-site 

public inspection of public comments. 

FOR FURTHER INFORMATION CONTACT: 

Tanya Secor, Food, Textiles and 

Marking Branch, Regulations and 

Rulings, Office of Trade, U.S. Customs 

and Border Protection, at (202) 325– 

0062, or by email at tanya.j.secor@

cbp.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

A petition has been filed under 

section 516 of the Tariff Act of 1930, as 

amended (19 U.S.C. 1516), on behalf of 

Olam West Coast Inc. (Petitioner or 

Olam), which is an agri-business and 


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