CLA-2-84:S:N:N3:102 883971
Mr. Ed Baker
A.N. Deringer, Inc.
30 West Service Road
Champlain, N.Y. 12919-9703
RE: The tariff classification of an Interlocking Preaction Modular
Fire System from Canada
Dear Mr. Baker:
In your letter dated March 15, 1993, on behalf of your client,
Fireflex Systems Inc., Quebec, Canada, you requested a tariff
classification ruling.
The item involved in this request is the "TotalPac" interlocking
preaction modular system. This is a self contained unit consisting of a
metal cabinet housing assorted flow control valves, control panel, air
compressor, and pressure gauges. The primary function of this system is to
prevent accidental discharge of water into the piping network serving a fire
protection sprinkler system. It does this by pressurizing the piping network
with compressed air supplied by the compressor, and by blocking water flow
with a deluge valve. To activate water flow to the sprinkler heads, two
events must take place: a pressure drop below 15 psi must take place (caused
by a seal on a sprinkler head melting from exposure to heat), and one or more
electronic fire detectors must be actuated. If both factors occur, then
various valves will open, activating the deluge valve, which will allow water
to rush to the sprinkler heads while simultaneously energizing alarms.
The system contains 15 separate valves, three pressure gauges, an air
compressor, an electronic control panel, and assorted interconnecting piping.
We note Section Note 3 to Section XVI of the Harmonized Tariff Schedules of
the United States, which asserts that "composite machines consisting of two
or more machines fitted together to form a whole, and other machines adapted
for the purpose of performing two or more complimentary functions or
alternative functions are to be classified as if consisting only of that
component or as being that machine which performs the principal function."
It is our opinion that the essential function of the TotalPac is to control
water flow and that the valve assembly constitutes the principal component.
The applicable subheading for the TotalPac Interlocking Preaction
Modular Fire System will be 8481.80.9050, Harmonized Tariff Schedule of the
United States (HTS), which provides for taps, cocks, valves snd similar
appliances, other than hand-operated, check, pressure reducing, or safety,
other. The duty rate will be 3.7 percent ad valorem.
Goods classifiable under subheading 8481.80.9050, HTS, which have
originated in the territory of Canada, will be entitled to a free rate of
duty under the United States-Canada Free Trade Agreement (FTA) upon
compliance with all applicable regulations.
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