CLA-2-63:RR:E:NC:N3:351
Marvin Maltz
Abel Unlimited Inc.
2020 Seabird Way
Riviera Beach, FL 33404
RE: The tariff classification of an oil-absorbing boom
Dear Mr. Maltz:
In your letters dated June 22 and 30, 2010, you requested a tariff classification ruling.
You submitted a sample of an oil-absorbing boom. No country of origin was stated. It is used to absorb oil in a body of water. The actual boom is ten feet long and five inches in diameter; the sample is only one foot long but you state it is identical to an actual boom in all other respects.
The boom is a bag, open at both ends, made of nonwoven textile fabric. This bag is filled with shredded polypropylene fabric, similar to chopped fibers. The ends of the bag are knotted sealed with a plastic ring after filling and the entire piece is encased in an openwork net-like warp knit fabric made of polyester yarns. A polyester rope runs the length; attached to the ends of the rope are carabineer hooks. In use, the booms are hooked together to form long chains which are left to float in oil-infested water. As the oil comes in contact with the boom, it is absorbed; the boom remains afloat until it is retrieved and discarded.
The applicable subheading for the oil-absorbing boom will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem.
You suggest that the oil boom would be correctly classified as other floating structures in subheading 8907.90.00, HTSUS. This is not correct as the structures of Chapter 89, HTSUS, are designed for extended use afloat on the water, such as those noted in the heading: rafts, tanks, cofferdams, landing-stages, buoys and beacons. Your item is not intended to remain afloat for an extended period of time but only until it has absorbed sufficient oil and then is removed from the water.
You also mention subheading 5603.94.9090, HTSUS, which provides for nonwovens, whether or not impregnated, coated, covered or laminated, weighing more than 150g/m², not laminated, other, … of staple fibers. However, while the outer fabric is a nonwoven, the boom is considered a made up article according to the terms of Note 7 to Section XI, HTSUS. Thus, classification is more specific in the provision for made up textile articles.
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 World Wide Web at http://www.usitc.gov/tata/hts/.
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.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division