CLA-2-73:OT:RR:NC:N1:113
Ms. Kate Warren
Rapid Rail International
Brecon House
Llantarnam Park
Cwmbran, NP44 3AB
Wales
RE: The tariff classification of a Vertical Cable System (VCS), extension, tensioner and rope grab device from the United Kingdom
Dear Ms. Warren:
In your letter dated March 26, 2009, you requested a tariff classification ruling. You indicated that you are requesting a separate classification for the Rapid Rail International Vertical Cable System, extension, tensioner and rope grab device.
The first product which you plan to import is described as a Vertical Cable System (VCS). The VCS consists of a stainless steel wire rope, a top anchor, bottom anchor and brackets. The anchors and brackets are also made of stainless steel. The purpose of the anchors and the brackets is to secure the wire rope or cable to lattice towers where the entire system will be used to allow workers to safely climb the towers.
You indicated that you expect all the components of the VCS to be imported together. In that case this office would consider the VCS as a set, and as such, in accordance with General Rule of Interpretation (GRI) 3(b) of the Harmonized Tariff Schedule of the United States (HTSUS), the system should be classified as the item which gives the system its essential character. It is our opinion that the rope provides the essential character in this system. If the VCS components are not imported together then GRI 3(b) would not apply and all VCS components would be separately classifiable.
The stainless steel extension provides a temporary extension of the VCS to ground level, when required by the climbers. The extension slides onto the bottom bracket and a spring loaded locking pin holds it in place. A 10-meter wire rope is permanently attached to the connection assembly. The extension provides protection for linesmen.
The stainless steel tensioner is a removable device for applying tension to the cable of the wire fall arrest system. The tensioning device is clipped onto the bottom bracket and is removed from the system following tensioning. The tension adjustment is locked in position by tightening a single bolt. By tensioning the cable system, the fatigue damage to the system is reduced by diminishing the wind induced oscillation.
The rope grab device is designed to stop climbers from falling when working from a height. The product is connected to the harness and operates by a lever that causes it to grab onto a wire rope if a climber falls. The rope grab allows free movement and can be detached and reattached at any point on the system. The rope grab is composed of stainless steel except for a phosphor-bronze bush and webbing sling with two plastic inserts. You stated in your additional email message (dated April 22, 2009) to this office that the rope grab device does not contain any gears, ratchets or pawls.
Your submitted CD containing a video showing the VCS along with the training manual is being returned to your office.
You also included copies of Binding Tariff Information (“BTI”) decisions as part of your submission. These BTIs from H.M. Revenue & Customs classify all the merchandise under consideration in subheading 7326.90.9890, HTSUS. This office notes that HQ 965325 dated January 16, 2002, contains the following: “As stated in T.D. 89-80, published in the Federal Register on August 23, 1989 (54 FR 35127), classification rulings from other Customs administrations on like merchandise are instructive only and are not binding on the United States. Nevertheless, such rulings are indicative of a classification we may wish to consider during our own rulings process.” Thus, while the BTIs are not binding on CBP, it would appear that this office has the same opinions regarding the extension, the tensioner and the rope grab device. However, this office differs with regard to the classification of the VCS.
The applicable subheading for the Vertical Cable System imported together will be 7312.10.5000, HTSUS, which provides for ropes, cables and cordage other than stranded wire, of stainless steel, fitted with fittings or made up into articles. The rate of duty will be free.
The applicable subheading for the extension, tensioner and rope grab device will be 7326.90.8588, HTSUS, which provides for other articles of iron or steel, other, other, other, other, other. The rate of duty will be 2.9 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/.
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 VCS, contact National Import Specialist Mary Ellen Laker at (646) 733-3020. If you have any questions regarding the extension, tensioner or rope grab device, contact National Import Specialist Ann Taub at (646) 733-3018.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division