CLA-2-73: OT: RR: NC: 1:117
Mr. Johnny Mucciarone
Customs Compliance Consultant
Trade Aid Consultants Inc.
10636 Cote De Liesse
Montreal, Quebec
Canada H8T 1A5
RE: The tariff classification of partition systems from Canada
Dear Mr. Mucciarone:
In your letter dated May 19, 2010 you requested a tariff classification ruling on behalf of your client Cogan USA. The sample and product information packages that you submitted are being returned as requested.
The products you intend to import are described as 5 different safeguard partition models. Item 1 is a floor to ceiling partition system intended for the storage or isolation of items in a business or industrial facility. The system is composed of floor to ceiling posts, panels made of framed welded wire mesh, base plates and fastener hardware. It is not enclosed on top. The system is designed to be anchored to the floor and wall and has an opening for a door or gate. The system is available in heights up to 36 feet.
Item 2 is described as a free standing partition model with roof. This product is also intended for the storage or isolation of items in a business or industrial facility. It is composed of posts that do not extend from floor to ceiling, panels made of framed welded wire mesh for the sides and roof, base plates and fastener hardware. The system is designed to be anchored to the floor and wall and has an opening for a door or gate. This product is available in heights up to 24 feet.
Items 3 and 4 are gates made of framed welded wire mesh designed to provide for closing of the doorway and entry into the partition systems in items 1 and 2 above. Item 3 is a sliding gate with trolley and tracks. Item 4 is a double swing gate. Both gates are available equipped with padlock hasps. The sizes range from 3 ft. to 8 ft. in width and from 7 ft. to 12 ft. in height.
Item 5 is wire mesh guards for racks. They are made of framed welded wire and are designed to fit specific sizes of rack shelves. The product is intended to provide protection to inventory and to keep it safely in place.
The applicable subheading for the floor to ceiling partition model and the free standing partition model with roof will be 7308.90.9590, Harmonized Tariff Schedule of the United States (HTSUS), which provides for structures (excluding prefabricated buildings of heading 9406) 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 sliding gate and double swing gate will be 7308.30.5050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for structures (excluding prefabricated buildings of heading 9406) 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: doors, windows and their frames and thresholds for doors: other, other. The rate of duty will be free.
The applicable subheading for the wire mesh rack guards will be 7326.90.8588, Harmonized Tariff Schedule of the United States (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 ruling, contact National Import Specialist Mary Ellen Laker at (646) 733-3020.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division