CLA-2-73: OT: RR: NC: N1:117
Ms. Diane Weinberg
Meeks, Sheppard, Leo, & Pillsbury
330 Madison Avenue
39th Floor
New York, NY 10017
RE: The tariff classification of fender panel systems from China
Dear Ms. Weinberg:
In your letter dated June 5, 2009 you requested a tariff classification ruling on behalf of your client Maritime International, Inc.
The products to be imported are fender panel systems for use on both new docks and older docks. The fender panel systems are said to be permanent additions to the dock and integral to the design of the dock or pier. They are described as being permanently attached to the dock and remaining in that position. Considerations of safety for both the vessel berthing and the dock itself are stated since the fender panel system is designed to absorb the impact of a berthing vessel.
The components of the fender panel system are: rubber fender, plastic faced steel panel, chain, padeyes and anchor shackle ready for assembly. The plastic faced steel panel, designed to distribute the force applied to the rubber fender, is the outer facing component, against which a berthing vessel glides into dock. The size of the panel can range up to 25 feet by 34 feet with a thickness of 16 inches. The panel has welded studs. The panel is attached to the dock with chains and anchor shackle. The chain and shackles are connected on site to the padeyes welded to the dock. The rubber fender is secured between the steel panel and the dock. The chain is open link, welded chain, produced from alloy or non-alloy steel rod (depending on the grade) ranging in diameter from 16 mm to 64 mm. The anchor shackles are steel with a hot dip galvanized finish and connect the chain to the padeyes.
The fender itself is composed primarily of rubber. In a telephone conversation with this office you identified the rubber as vulcanized natural rubber. The fender includes embedded steel plates that act to reinforce the rubber. Although the steel adds strength and stability to the rubber, the rubber is the component that absorbs the energy of a moving ship as it comes into the dock and the rubber is the component that imparts the essential character.
This fender panel system may be imported as a complete unit or as separate components.
The hardware, which will be normally imported in a separate shipment preceding the rest of the system for logistical reasons, includes the padeyes, chain and anchor shackles.
The applicable subheading for the padeyes will be 7308.90.9590, Harmonized Tariff Schedule of the United States (HTSUS), which provides for structures and parts of structures….of iron or steel; plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel, other. The rate of duty will be free.
The applicable subheading for the alloy steel chain will be 7315.82.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other chain and parts thereof, of iron or steel, other chain, other welded link, of alloy steel over 10 mm in diameter. The rate of duty will be free.
The applicable subheading for the non alloy steel chain will be 7315.82.7000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other chain and parts thereof, of iron or steel, other chain, other welded link, of iron or nonalloy steel over 10 mm in diameter. The rate of duty will be free.
The applicable subheading for the shackles will be 7326.90.8588, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of iron or steel. The rate of duty will be 2.9 percent ad valorem.
The applicable subheading for the rubber fender if imported separately will be 4016.94.0000, HTSUS, which provides for other articles of vulcanized rubber other than hard rubber…boat or dock fenders, whether or not inflatable. The rate of duty will be 4.2 percent ad valorem.
The plastic faced steel panel may be imported separately from the rubber fender.
The applicable subheading for the plastic faced steel panel if imported separately will be 7308.90.9590, HTSUS, which provides for structures and parts of structures….of iron or steel; plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel, other, other, other, other, other. The rate of duty will be free.
The applicable subheading for the plastic faced steel panel and rubber fender imported together will be 7308.90.9590, HTSUS, which provides for structures and parts of structures….of iron or steel; plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel, other, other, other, other, other. The rate of duty will be free.
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 Mary Ellen Laker at (646) 733-3020.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division