CLA-2-90:OT:RR:NC:N4:405
Rick Kolesar
Draeger Safety, Inc. 101 Technology Drive
Pittsburgh, PA 15275
RE: The tariff classification of certain parts and accessories of breathing apparatus and gas detection equipment from Germany and Great Britain
Dear Mr. Kolesar:
In your letter dated August 19, 2011, you requested a tariff classification ruling. No samples were provided.
In your submission you indicate that Draeger Safety assembles self-contained breathing apparatus (SCBA). Your ruling request specifically requests guidance on the correct classification of several imported components, namely the SCBA Shoulder Straps (part number 3356955), the Chest Strap Professional Harness (part number 3339280), and the SCBA Waistpad assembly (part number 3351275). You also request guidance on the classification of a fourth article that is not a part of the SCBA, specifically a holder for a gas detection device (part number 6408124).
Describing the SCBA, you state “The SCBA is a harness suspension support that enables firefighters to carry and securely change their air cylinders. The SCBA consists of shoulder harnesses, a back plate, a yoke, a cylinder quick connect system, digital gauge, waistbelt, air hoses, etc.”
Regarding the SCBA, we agree that the complete item, if imported, would be classifiable in HTSUS 9020.00.60 as other breathing appliances. Harmonized System Explanatory Note I to 9020 states:
“The heading includes breathing appliances of a kind used by, for example, airmen, divers, mountaineers or firemen. These may be self-contained (where the breathing circuit is fed from a cylinder of oxygen or compressed air)…”
Regarding the SCBA textile Shoulder Straps, Waistpad Assembly, and the Chest Strap Professional Harness, separately imported parts and accessories, if identifiable as suitable for use solely or principally as parts or accessories of this kind of device (see General Harmonized System Explanatory Note III to Chapter 90) or of this particular item (see Headquarters Ruling Letter 965546, August 6, 2002), are classified in its heading if not excluded from HTSUS Chapter 90 by its Note 2(a) or 1 or by HTSUS Additional U.S. Rule of Interpretation 1(c) (see HRLs 965968, December 16, 2002, and 967233, February 18, 2005).
You indicate that the shoulder straps, waistpad, and chest strap assembly are specially designed for use with the SCBA. From the engineering drawings you have presented and from their specific features and lengths, we agree that these three are “identifiable as suitable for use solely or principally as parts or accessories” of the SCBA.
We agree that none of the components are excluded by Note 1(b) to HTSUS Chapter 90.
Although you did not discuss it in your submission, HTSUS Chapter 90 Note 1(a) also excludes “Articles of a kind used in machines, appliances, or for other technical purposes… of textile material (heading 59.11).” The Harmonized System Explanatory Note to 5911 states, “The textile products and articles of this heading present particular characteristics which identify them as being for use in various types of machinery, apparatus, equipment or instruments… The heading includes, in particular, those textile articles which are excluded from other headings and directed to heading 59.11 by any specific provision of the Nomenclature…”
Our office has determined that this exclusion does not apply. The components do not perform a technical function within the SCBA unit, nor do they perform or complete a task within the meaning of Heading 5911. The other exclusions mentioned above clearly do not apply.
The applicable subheading for the SCBA textile Shoulder Straps, Waistpad Assembly, and Chest Strap Professional Harness will be 9020.00.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for inter alia, parts and accessories of other breathing appliances. The rate of duty will be 2.5% ad valorem
Regarding part 6408124, which you describe as the holder for a portable Miniwarn Gas Detection device, we are returning your request for a ruling and any related samples, exhibits, etc. We need additional information in order to issue a ruling. Please submit the information described below:
Please provide a sample of part 6408124. Please provide a detailed explanation of how and where the item is mounted. What type of vehicle is the part intended to be mounted in? Is the part generally mounted on the interior or exterior of the vehicle?
If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.
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 Heading 5911, contact National Import Specialist Deborah Walsh at (646) 733-3044. If you have any other questions regarding the ruling, contact National Import Specialist J. Sheridan at (646) 733-3012.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division