Barème tarifaire Décisions Mémorandums D Mesures commerciales Exigences PGA Régimes de sanctions

Ruling 8000007076

active

&&According to the information provided, the product subject to this request is named/branded as : "Salton Temperature Control Kettle" model GK1758. The product is mainly described as a kettle to boil water at the user's desired temperature. The product stands on a 360 degree swivel base, and LEDs change colors as the temperature rises to indicate the temperature of the water in the kettle. Two lids are included; one is to use the kettle as a regular kettle, and the other one allows the user to put herbs or tea for infusing.

Classification SH

8516.79.90.00

Raisonnement de l'ASFC

&&Section 10 of the Customs Tariff directs that classification of imported goods shall be determined in accordance with the General Rules for the Interpretation of the Harmonized System and the Canadian Rules set out in the schedule. Section 11 of the Customs Tariff states that in interpreting the headings and subheadings, regard shall be had to the World Customs Organization's (WCO) Compendium of Classification Opinions and Explanatory Notes to the Harmonized Commodity Description and Coding System (HS).&&&&General Interpretative Rule 1 (GIR 1) directs that titles of Sections, Chapters and sub-Chapters are provided for ease of reference only. For legal purposes, classification shall be determined according to the terms of the headings and any relative Section or Chapter Notes. Similarly, General Interpretative Rule 6 (GIR 6) directs that classification shall be determined according to the terms of those subheadings and any related Subheading Notes.&&&&In your application for an advance ruling, you suggested tariff classification number 8516.79.90.00. This tariff classification number is correct.&&&&According to the description and information available, the "Salton Temperature control kettle" model GK1758 is described as an electric kettle. The product meets the terms of Heading 85.16 : "[...]; other electro-thermic appliances of a kind used for domestic purposes; [...]." Futhermore, Explanatory Note (E)(5) of that same Heading specifically lists kettles as other electro-thermic appliances of a kind used for domestic purposes. The apparatus also includes a separate lid that allows the user to put herbs or tea for infusing. According to Legal Notes 3 and 4 of Section XVI accessories presented with the apparatus with which they belong remain classified with it.

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