CLA-2-63:OT:RR:NC:N3:351
Mr. Michael Theodore
Livingston International, Inc.
1925 18th Ave. N.E., Suite 320
Calgary, Alberta T2E 7T8
Canada
RE: The tariff classification of avalanche survival gear from China, Germany, and Canada
Dear Mr. Theodore:
In your letter dated May 30, 2011, you requested a tariff classification ruling on behalf of your client, ABS Avalanche Rescue Device, Inc., of British Columbia, Canada.
You submitted samples which together comprise an item you call the Vario Avalanche Airbag. It is worn like a backpack and, as worn, contains inflatable airbags, along with the inflating mechanism and nitrogen tanks. If caught in the path of an avalanche the wearer pulls the activation handle, causing the nitrogen canisters to inflate the airbags, thus creating six cubic feet of additional volume that, as your literature states, “can prevent [the wearer] from sinking into the flowing masses of snow or can reduce the depth of burial.”
The Vario Avalanche Airbag is designed for participants in deep-snow activities such as skiing, snowboarding, hiking, and snowmobiling, or for anyone at risk of being caught in a snow avalanche. A second model, Powder, which we did not receive, is, according to your letter, essentially the same but is marketed to participants in “freeriding,” which, you state, is snowboarding outside of regular courses and traditional rules.
We have received the following samples:
Base Unit: this is the backpack-like component made of woven nylon fabric. It contains the inflatable airbags and holds the puncture unit, the mechanism of valves and tubes required for rapid inflation, in a compartment at the top. The airbags are contained within compartments on either side; these compartments are held closed by Velcro® strips and will open as the bags inflate. The airbags themselves are made of woven nylon fabric lined on the inner surface with polyurethane; this construction, a textile fabric that is coated on one side with plastic coating, is considered a textile fabric for tariff purposes. They are independent so that if one tears, the other will stay inflated. Each has a volume of 85 liters.
Zip-On Pouch: this optional travel pouch zips onto the base unit and is constructed with an outer surface of man-made textile material. It is designed to provide storage, protection, portability, and organization to personal effects and accessories. The bag features a top opening with a drawstring closure, one interior compartment, and one exterior zippered pocket. It is available in three sizes.
Canisters: two steel nitrogen canisters.
Activation handles: a plastic handle containing a metal pin to connect to the brass coupler on the shoulder strap of the base unit; a pressurized capsule inside; and a small explosive charge that activates the airbag system when it is pulled.
In a telephone conversation with this office, you stated that each component is imported in bulk for inventory and the specific equipment set-up is purchased individually and assembled as per the purchaser’s order. Each item will be classified separately.
As it is worn in anticipation of an avalanche while participating in winter sport activities such as skiing, snowboarding, hiking and snowmobiling, you suggest classification under subheading 9506.99.6080, Harmonized Tariff Schedule of the United States (HTSUS), which provides, inter alia, for “Articles and equipment for general physical exercise, gymnastics, athletics, other sports…or outdoor games….” However, neither Avalanche Airbag is a requisite or necessary component used in the aforementioned activities. Furthermore, this type of item is not similar to the exemplars listed in the Explanatory Notes for heading 9506. Therefore, classification under subheading 9506.99.6080, HTSUS, is not appropriate.
The applicable subheading for the Base Unit will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem.
The applicable subheading for the Zip-On Pouch will be 4202.92.3031, HTSUS, which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 17.6% ad valorem.
You suggested classification of the travel pouch under 4202.92.3010 which provides for travel, sports, and similar bags with outer surface of 85% or more by weight of silk or silk waste. The travel pouch, however, is not constructed of silk. It is constructed of a man-made textile material.
The applicable subheading for the nitrogen will be 2804.30.0000, HTSUS, which provides for hydrogen, rare gases and other nonmetals: Nitrogen. The rate of duty will be 3.7% ad valorem.
The nitrogen may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their website at www.epa.gov
Your inquiry does not provide enough information for us to give a classification ruling on the steel canister. Your request for a classification ruling should include the following:
an item name or number for the canister, as well as documentation that this steel canister was certified, prior to exportation, to have been made in accordance with the safety requirements of sections 178.36 through 178.68 of Title 49 CFR or under a specific exemption to those requirements.
clear color photographs of the canister, including photographs demonstrating that it has been marked DOT 3AA. Do not resubmit the samples.
The same applies to the activation handles. Please provide answers to the following questions regarding them:
Are they dedicated to use only with the fuel cartridge?
Will they always be imported with the nitrogen cartridge?
Will they always contain an explosive charge?
Provide chemical name and weight of the explosive charge.
When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the documentary material that we have returned to you regarding the canisters but we emphasize, do not resubmit the canisters.
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 http://www.usitc.gov/tata/hts/.
The samples will be returned as you requested.
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 Mitchel Bayer at (646) 733-3102. Questions regarding the canisters may be directed to NIS Nicole Sullivan at (646) 733-3028. Questions regarding the activation handles may be directed to NIS Frank Cantone at 646-733-3038.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division