Background

In the May 19, 2021, Customs Bulletin and Decisions, U.S. Customs and Border Protection is proposing to reclassify fire pits under HTSUS 7321.81.50 (duty-free) if made or iron or steel or HTSUS 6810.99.00 (duty-free) if made of cement, concrete, or artificial stone. These items are currently classified as metal furniture under HTSUS 9403.20 (duty-free) or other furniture under HTSUS 9403.89 (duty-free).

The fire pits at issue are constructed (1) primarily of steel, (2) of aluminum and steel, (3) of glass fiber reinforced concrete, or (3) of natural stone powder with a cement binder containing fiberglass. CBP states that these items are not furniture because they are not primarily designed to function as a place to place dinner plates and comfortably dine and instead primarily function as a heat source.

Rulings NY N053402, NY N301170, and NY N301060 would be revoked, and ruling NY N264651 would be modified, to reflect this change. Comments on this proposed change are due by June 18.

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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