CLA-2-84:S:N:N3G:221 872945
Mr. William J. LeClair
Trans-Border Customs Services, Inc.
One Trans-Border Drive
P.O. Box 800
Champlain, NY 12919
RE: The tariff classification of oil spill containment equipment
from Canada.
Dear Mr. LeClair:
In your letter dated March 27, 1992, on behalf of Can-Ross
Environmental Services, Ltd., Canada, you requested a tariff
classification ruling.
The first item is a boom used as a containment system for
oil spillage in harbors, open waters, rivers and creeks. The
booms are constructed of polyester fabric coated with polyvinyl
chloride plastics material. A solid polyethylene foam inserted
in the collar across the top of the boom provides flotation. A
skirt, measuring from 6 to 24 inches, extends below the water
line. A 3/8 inch chain inserted along the bottom edge for
ballast keeps the skirt below the water line. The booms are
supplied in 50 foot sections, each containing a connector and
chain shackles, which can be joined together to form an oil tight
barrier. You state that there are accessory items to the boom
which you believe can be classified by application of General
Rule of Interpretation 3.
The second item is a T disc skimmer designed to recover oil
and other surface liquid contaminants from water. This unit
floats in the middle of an oil or other surface contaminant spill
and gathers the liquid into a self contained reservoir which is
then emptied via tubing to a collector tank.
The applicable subheading for the T disc oil skimmer will be
8421.21.0000, Harmonized Tariff Schedule of the United States
(HTS), which provides for filtering and purifying machinery and
apparatus for water. The rate of duty will be 3.9 percent ad
valorem.
Goods classifiable under subheading 8421.21.0000, HTS, which
have originated in the territory of Canada, will be entitled to a
0.7 percent ad valorem rate of duty under the United States-
Canada Free Trade Agreement (FTA) upon compliance with all
applicable regulations.
Your inquiry does not provide enough information for us to
give a classification ruling on the oil containment boom. Your
request for a classification ruling should include a sample
swatch of the coated polyester fabric. You should also indicate
which accessories will be provided with the boom and whether the
boom and accessories are imported as kits put up in a manner
suitable for sale directly to users without repacking.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport