CLA-2-84:OT:RR:NC:1:104
Mr. Karl F. Krueger
Radix Group Intl
dba DHL Global Forwarding
2660 20th Street
Port Huron, MI 48060
RE: The tariff classification of Fall Protection Equipment from the United Kingdom
Dear Mr. Krueger:
In your letter dated April 21, 2014, on behalf of your client, Latchways PLC, you requested a tariff classification ruling.
The ManSafe for Roofing consists of three fall protection systems, i.e., the Constant Force Post, the WalkSafe system and the VersiRail.
The Constant Force Post can be either permanently attached to the building or it can be held in place by means of weights which are designed to keep the cable anchored by means of weight and friction. The cables run from one end anchor through intermediate anchors to another end anchor. Each anchor consists of a Constant Force Post. The Constant Force Post allows the worker to latch himself to the cable by means of a lifeline and a “transfer unit”. The transfer unit allows the lifeline to pass through the intermediate anchors without disconnecting it from one side and reconnecting it to the end. In case the worker falls, the Constant Force Post tips and the spring system inside safely arrests the fall without a sudden jerking stop.
The WalkSafe System is a series of modular catwalks and steps constructed of polyvinyl chloride (PVC) plastic designed to be permanently attached to a flat or angled roof. The system is intended to create a level, anti-slip surface for maintenance workers or repair crews that need roof access. The walkway units are designed to be attached to the roof with clamps, brackets or screws depending on the type and material of the roof. The catwalk distributes the load evenly on the roof, thus reducing wear and tear on the roof system.
The VersiRail is an aluminum fence that goes around the perimeter of a flat roof. The VersiRail system comes as either a freestanding option where there is no need to drill or penetrate the roof or as a fixed option which can be permanently attached to the roof. Both options are available in three styles: straight, curved or inclined and three finishes: natural, polished or powder coated. The freestanding version of the VersiRail system relies on counterbalancing weighted legs to hold it in place. The freestanding VersiRail can be purchased with a folding option to allow it to lie flat on the roof when the system is not in use. You indicated that this fencing is imported as components to be assembled on site.
The applicable subheading for the PVC WalkSafe System of catwalks and steps will be 3925.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for builders’ ware of plastics, not elsewhere specified or included: other. The rate of duty will be 5.3 percent ad valorem.
The applicable subheading for the VersRail system that is permanently attached to the roof will be 7610.90.0080, HTSUS, which provides for aluminum structures, (excluding prefabricated buildings of heading 9406) and parts of structures (for example, bridges and bridge-sections, towers, lattice masts, roofs, roofing frameworks, doors and windows, and their frames and thresholds for doors, balustrades, pillars and columns); aluminum plates, rods, profiles, tubes and the like, prepared for use in structures, other, other, other. The rate of duty will be 5.7 percent ad valorem.
The applicable subheading for the VersiRail system that is freestanding will be 7616.99.5090, HTSUS, which provides other articles of aluminum, 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 on World Wide Web at http://www.usitc.gov/tata/hts/.
Your inquiry does not provide enough information for us to give a classification ruling on the Constant Force Post. Include operator’s/installation manual. Does this system incorporate any mechanical features? If so, what are these features and what is their function? Explain how the spring system works. What components make up the spring system? Does it include a braking or gearing mechanism? Is the cable included at time of importation? If so, include specifications on the cable, i.e., length, weight and material of composition. Are the weights included? When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.
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 Patricia O’Donnell at [email protected].
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division