CLA-2-84:OT:RR:NC:N1:104

Lucinda Perkins
Kalmar USA, Inc.
21 Engelhard Dr.
Monroe Twp., NJ 08831

RE: The tariff classification of stacking and gantry cranes from China.

Dear Ms. Perkins:

In your letter dated November 5, 2019, you requested a tariff classification ruling.

Your ruling request describes three types of cranes. They are used to lift and stack containers inside of ports and rail yard terminals.

Item #1, an Automatic Stacking Crane (ASC), is a rail-mounted crane for yard stacking and in-stack transportation of containers. ASCs deposit and lift containers from dedicated interchange areas located at both ends of the stack. The ASC is comprised of four steel columns and two side frames supported by diagonals. Two steel girder structures at the top of the column structures are equipped with rails, which help support a trolley mechanism which in turn supports the hoist mechanisms. The rails allow the trolley to move along the girders using steel wheels. Attached to the ASC are steel access stairs and platforms, E-House (a room containing main drive units, low voltage distribution components, PLCs and I/O, computers and IT network switches), a platform housing main and auxiliary transformers, and a cable reel (main power supply). The hoist assembly includes a hoist motor, gearboxes, hoist drums, and hoist ropes which connect the head block and spreader to the ASC. The spreader is a device used to attach and lift containers. The ASC moves along rails fixed to the ground using two bogie beams with steel wheels with electric motors and gearboxes. The ASC is about 23.6 meters high and 14.5 meters wide, and weighs between 180-200 tons. The ASC will be imported complete and assembled.

Item # 2, a Rubber Tire Gantry (RTG), is a tire-mounted crane for high-volume container handling, and is suitable for both port and intermodal operations. RTGs are built to customer’s height and width specifications. The RTG is comprised of four steel columns and two side frames supported by intermediate rods. Two steel main crossbeams at the top of the column structures support a trolley mechanism which moves along rails mounted to the beams on steel wheels. The trolley mechanism includes a platform with a hoist mechanism to operate the head block and spreader, which are turn supported via steel ropes from the trolley by the hoist mechanism. The RTG also includes an operator’s cabin which moves with the trolley. The spreader is powered from the trolley via a hanging cable that is reeled on the reeling pan on the head block bogie. The head block bogie is the crane’s interface to the yard, typically with 2 or 4 rubber tires in each of the four crane corners. Additionally, the RTG includes an E-House and a diesel-generator unit to power the crane, but can also operate from grid power. A separate diesel-generator unit (or grid power) drives the crane portal. The RTG is about 20 meters high and 25 meters wide, and weighs about 140 tons. The RTGs are to be imported complete but disassembled.

Item # 3, a Rail Mounted Gantry (RMG), is a manually or automated rail-mounted crane used for high-volume container handling, and is suitable for both port and intermodal operations. The RMG differs from the ASC by having a rotating trolley and a cantilever section on either one side or both sides of the crane. Otherwise, structurally and functionally, the RMG is similar to the ASC. It has four steel columns, steel side frames with supporting diagonals, and two steel girder structures at the top of the columns with rails, allowing the hoist assembly (which connects the head block and spreader to the RMG) to move along the top girders. The rotating trolley has steel wheels. A slewing mechanism allows the trolley to rotate, The RMG also has crane access stairs and platforms, an E-House, and a cable reel. The RMG, like the ASC, moves along rails fixed to the ground using two bogie beams with steel wheels, and electric motors and gearboxes. While its height and width will vary according to customer specifications, the crane has a rail span of 20 to 55 meters, and weigh between 350-500 tons. The RMG will be imported complete but unassembled.

The Explanatory Notes (ENs) to the Harmonized Tariff Schedule of the United States (HTSUS) constitute the official interpretation of the tariff at the international level. The ENs for 8426 state that the heading covers “gantry cranes and overhead travelling cranes in which the beam itself runs on rails fixed on walls or on suitable supporting metal structures.” EN 84.26(2). The subject articles are types of gantry cranes. See New York Ruling number N119543 (dated Sept. 1, 2010).

The applicable subheading for the three gantry cranes, as described above, will be subheading 8426.19.0000, HTSUS, which provides for “Ships’ derricks; cranes, including cable cranes; mobile lifting frames, straddle carriers and works trucks fitted with a crane: Overhead traveling cranes, transporter cranes, gantry cranes, bridge cranes, mobile lifting frames and straddle carriers: Other.” The rate of duty will be free.

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 Denise Hopkins at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division