CLA-2-39:OT:RR:NC:N4:422
Ms. Wendy L. Burns
CB Customs Brokerage Services LLC
4450 Witmer Estates
Niagara Falls, NY 14305
RE: The tariff classification of five 5 rescue stretchers from Canada
Dear Ms. Burns:
In your letter dated May 3, 2016, on behalf of Traverse Rescue, you requested a tariff classification ruling.
The submitted illustrations depict five hand carried rescue stretchers that are further described as follows:
Advantage Basket Stretcher – This item is a stretcher that is composed of a stainless steel frame that surrounds a shell basket that is made of High Density Polyethylene (HDPE) plastic material. It measures approximately 23.5” by 85” by 7.5” in depth.
Spartan Basket Stretcher – This item is a stretcher that is available with either a titanium frame or a stainless steel frame. Each frame respectively surrounds a shell basket that is made of High Molecular Weight Polyethylene (HMWPE) plastic material. Each article measures approximately 24.5” by 86” by 7.5” in depth.
Gazelle Series Basket Stretcher – This item is a stretcher that is composed of a carbon steel frame that surrounds a shell basket that is made of an HDPE netting mesh. It is available in three versions: Gazelle Regular, Gazelle Tapered (each measuring approximately 24.5” 82.5” by 7” in depth) and Gazelle Confined Space (measuring approximately 18” by 82.5” by 7” in depth).
Bradco System Stretcher – This item is a stretcher that is composed of a heavy-duty aluminum frame that surrounds a shell basket that is made of HDPE plastic material. It measures approximately 25.25” by 80.5” by 8.5” in depth.
Titan Series Basket Stretcher – This item is a stretcher that is available with either a titanium frame or a stainless steel frame. Each frame respectively surrounds a shell basket that is made of an HDPE netting mesh. This item is available in nine different versions; five with a stainless steel frame and four with a titanium frame. Each of the two types of frames has four versions identified respectively as Regular, Tapered, Split Regular and Split Tapered. The stainless steel frame has an additional 32” version. The Regular and the Tapered of each of the two frames each measures approximately 23” by 83.5” by 7” in depth. The Split Regular of each of the two frames and the Split Tapered with the stainless steel frame each measures approximately 23.5” by 83.5 by 7.5” in depth. The Split Tapered with the titanium frame measures approximately 23” by 83.5” by 7.5” in depth. The 32” version with the stainless steel frame measures approximately 32” by 83.5” by 7” in depth.
All of the stretchers are composite goods within the meaning of General Rule of Interpretation (GRI) 3. The basket of each stretcher performs the primary role of supporting the body of the person that is being rescued. Therefore, it is the opinion of this office that the basket of each stretcher provides the stretcher with the essential character within the meaning of GRI 3(b).
The applicable subheading for the Advantage Basket Stretcher, the Spartan Basket Stretcher, and the Bradco System Stretcher will be 3926.90.9995, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics…: other: other…other. The duty rate will be 5.3 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 https://hts.usitc.gov/current.
Additional information is needed for issuance of a ruling on the Titan and Gazelle stretchers. For the netting of each of these two types of stretchers, please supply the following: (1) the cross-sectional dimensions of the strip in millimeters and the width, (2) samples of the netting material (fabric swatches to be at least an 18" x 18" square), (3) process description on the manufacturing of the netting and (4) specification sheet in millimeters on the netting. In addition, provide the exact fiber composition by percentage of weight and state if it is coated.
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 Gary Kalus at [email protected].
Sincerely,
Deborah C. Marinucci
Acting Director
National Commodity Specialist Division