Background

In the May 4, 2022, Customs Bulletin and Decisions, U.S. Customs and Border Protection is proposing to reclassify a chafer set as a non-electric domestic appliance under HTSUS 7321.89.00 (duty-free) rather than as equipment for heating food under HTSUS 8491.81.90 (0.8 percent duty). Ruling NY C88591 would be revoked to reflect this change. Comments on this proposal are due no later than June 3.

The item at issue is a chafer set complete with water pan, food pan, and cover, all of which are made of stainless steel. The set is 14” wide, 22” long, and 13” high, is of rectangular shape, and has a bottom shelf upon which a heat source can be placed. The cover has a handle attached to its top center. The set is sold to distributors who sell to restaurants and catering establishments.
CBP states that the set is clearly designed for use with a source of energy to heat food. In addition, while the importer intends to sell the set to distributors, the dimensions of the set are indicative of its use in a household setting as well.

For more information on how to seek or utilize classification and other rulings, please contact attorney Deb Stern at (305) 894-1007 or via email

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