CLA-2-84:OT:RR:NC:N1:104
Ms. Aubrey Ghinn
Cougar Concrete Global Inc.
OA Skyline Group
2000 Rogers Road
Perth, Ontario K7H 1P9
Canada
RE: The tariff classification of a fall arrest safety device from Canada
Dear Ms. Ghinn:
In your letter dated June 18, 2015, you requested a tariff classification ruling on a fall arrest safety device. You also requested a ruling on any trade program or agreement that might apply.
The 3005 Skyline Ultrasafe 600 Cart is a portable roof anchor cart designed to be used on flat rooftops and on surfaces such as a plywood deck or a standard .22 gauge steel deck. The cart is not bolted to the roof when in use. The cart features a pivoting tow handle for maneuvering it around the roof. Twelve weights are placed in the cart to provide the required weight of the anchor so that the cart can be secured in place. The cart is not used to transport goods nor can anyone walk or stand on the device.
A maximum of one worker may be tied off to the cart at any one given time. The length of the rope or lanyard used to tie off must be able to restrict a worker’s fall to less than 1.2m and the worker must keep within a 30 degree radius of the tie off point. The worker must also work on the “teeth” side of the cart. Upon a fall from the roof, the side sprung arm with teeth is activated. The arm is pulled downward and toward the edge with the teeth engaging with the roof’s surface, thus, arresting the fall.
All of the components, with the exception of the wheels and plastic caps, are said to be made of mild steel. Components are said to be sourced within Canada. The steel components are cut and welded together in Canada. Painting and assembly also takes place in Canada.
The applicable subheading for the 3005 Skyline Ultrasafe 600 Cart will be 8479.89.9899, Harmonized Tariff Schedule of the United States (HTSUS), 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% 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/.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
Your inquiry also requests a ruling on your product’s eligibility for preferential tariff treatment under any trade program or agreement. Pursuant to Part 181 of the Customs Regulations (19 C.F.R. 181), a request for a ruling on the status of a product under NAFTA must provide sufficient detail to permit proper application of the relevant NAFTA provisions. In this case, we will require additional information in order to issue a ruling on NAFTA status.
Please provide clarification on the specific origin of the components. You state that, with the possible exception of the wheels and plastic caps, the components are “sourced” in Canada from various suppliers. Are these materials actually produced in Canada or do your suppliers obtain the materials from countries outside of Canada, e.g., is the steel produced in Canada? Please be specific. Wheels and plastic caps are said to be “possibly” manufactured in countries other than Canada. Indicate the specific countries. Are the weights made in Canada? Are they manufactured by your firm or sourced from a supplier? Provide breakdown of the components/raw materials used in the production of the cart by name/description, countries of origin and cost.
As provided for in Section 181.94 of the Customs Regulations (19 CFR 181.94), you may submit this additional information within 30 days of the date of this notice. Please address any supplemental letter to this office, and refer to our file number shown above.
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
Director
National Commodity Specialist Division