CLA-2-84:OT:RR:NC:1:104

Karen McLeod
A SAFE INC
400 N Zarfoss Dr, York, PA 17404

RE: The tariff classification of an automatic dock gate from the United Kingdom

Dear Ms. McLeod:

In your letter dated March 12, 2024, you requested a tariff classification ruling.

The subject article is an automatic dock gate, part number A 01-12-0000. It is used as a horizontal safety barrier in logistic and warehouse locations to protect people and forklift drivers from accidents. The dock gate has one upper and one lower barrier guardrail, situated approximately 600mm apart from, and parallel to, each other. Both guardrails are constructed of polypropylene. The guardrails are installed on a pivot point between two vertical posts on one side of the gate, with the non-pivoting ends of the guardrails resting between two other vertical posts positioned on the opposite side of the gate.

To allow pedestrians and work vehicles to pass through the barrier gate, the gate operator engages a push-button control panel located on one of the vertical posts. An internal microprocessor automatically controls the opening and closing movement, which is driven by a 24V DC linear actuator. The system opens the gate by lifting the barrier guardrails upwards on the pivot point to a vertical position. To close the gate, the barrier guardrails are returned (lowered) to their original horizontal position. Optical safety sensors guarantee safety during operation.

The system's overall dimensions are approximately 2882mm x 630mm x 1525mm (L x W x H). The lower guardrail is a round tube measuring 2882mm long and 190mm in diameter and provides a barrier for work vehicles. The upper guardrail is a square tube (110mm square), somewhat shorter in length than the lower tube, and prevents pedestrians from passing (or tripping) over the lower guardrail. All four vertical posts are constructed of polypropylene that are pressure-fitted onto metal base plates and bolted or otherwise attached to a facility floor.

You state that the dock gate's use is restricted to private areas and to trained operators. As a barrier, the automatic dock gate is capable of withstanding impacts up to 15 kilojoules (kJ). While you refer to the system as an automated traffic gate, the dock gate is not used to control the flow of traffic, but rather is intended to be a moveable safety barrier.

The applicable subheading for the automatic dock gate, part number A 01-12-0000, will be 8479.89.9599, Harmonized Tariff Schedule of the United States, which provides for Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter; parts thereof: Other machines and mechanical appliances: Other: Other: Other. The rate of duty will be 2.5 percent ad valorem.

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 at https://hts.usitc.gov/.

This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Arthur Purcell at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division