CLA-2-84:OT:RR:NC:N1:104
Mr. Adrian Boslooper
Air Tiger Express USA Inc.
149-09 183rd Street
2nd Floor
Springfield Gardens, NY 11413
RE: The tariff classification of a Car Lift System from China
Dear Mr. Boslooper:
In your letter dated July 31, 2018, on behalf of your client, Anderes Development Group LLC dba American Autopark LLC, you requested a tariff classification ruling.
You are seeking a tariff classification on a car lift system which is referred to as an integrated and free standing parking system. The car lift system is complete at time of importation. It is available in different variations depending on the specific criteria of the customer. The parking system can be used for valet parking or condominium, office, retail or residential parking with a trained operator. It can also be used as a conventional parking space, on a ramp/incline or as an “over drive aisle” installation. The system can be configured in single, double or triple widths with no columns between decks. It can be used in an interior or an enclosed exterior installation and can hold up to 6,000 pounds. The car lift system is controlled by a DC power supply, operated by an electrical motor with a 3 phase 208-220 volt, 40 amps motor and incorporates a hoist rope/chain.
The applicable subheading for the car lift system will be 8428.90.0290, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other lifting, handling, loading or unloading machinery (for example, elevators, escalators, conveyors, teleferics): Other machinery: Other”. The rate of duty will be free.
Effective July 6, 2018, the Office of the United States Trade Representative imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. For additional information see “Notice of Action and Request for Public Comment Concerning Proposed Determination of Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation” (June 20, 2018, 83 F.R. 28710). Products of China that are provided for in subheading 9903.88.01 and classified in one of the subheadings enumerated in U.S. note 20(b) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by subheading 9903.88.01.
Products of China classified under subheading 8428.90.0290, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.01, in addition to subheading 8428.90.0290, HTSUS, listed above.
The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at https://hts.usitc.gov/current.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Patricia O’Donnell at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division