HQ 0086648 - PALC Space Frame Systems - United States International Trade Commision Rulings

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HQ 086648

April 20, 1990

CLA-2 CO:R:C:G 086648 CMS

CATEGORY: CLASSIFICATION

TARIFF NO.: 7308.90.90

Mr. Robert Keller, President
Trans-National Trade Development Corporation 2 Dag Hammarskjold Plaza
866 Second Avenue
New York, NY 10017

RE: PALC Space Frame Systems

Dear Mr. Keller,

Your request dated January 23, 1990 for a classification ruling on the PALC Space Frame Systems has been forwarded by the Regional Commissioner of Customs, New York to Customs Headquarters for a reply. Our ruling follows.

FACTS:

The merchandise consists of the PALC Space Frame Systems 1 & 2 manufactured by the Spanish company PERFRISA. The Systems are assemblies of steel articles which provide structural support in buildings. The components are comprised of welded steel tubes, steel tube connectors, cast or pressed nodes, cold formed purlins, stools made from welded steel tubes, neoprene joints, screws and washers. The merchandise is imported unassembled.

The assemblies are custom designed for specific projects. The product brochure submitted by the importer contains several pictures of the assemblies used as roof supports. The top of the structures support roofs while lighting fixtures and moveable cranes are suspended from the assemblies. The assemblies are mainly comprised of a series of modules in the shape of equilateral triangles, tetrahedrons and square based pyramids. The product brochure states that the main characteristics of the assemblies are spatiality in the transmission of loads, high degree of hyperstatism, rapid damping of the effects of punctual loads, standardizing of the elements (bars and nodes), versatility, high ratio of rigidity/own weight, lightness and rapidity of assembly.

ISSUE:

Is the merchandise classified as prefabricated buildings in Heading 9406, structures or parts of structures in Heading 7308, or as other cast articles of steel in Heading 7325?

LAW AND ANALYSIS:

Heading 9406 describes "[p]refabricated buildings". The Explanatory Notes to Heading 9406, p. 1582 provide that Heading 9406 covers "...incomplete buildings, whether or not assembled, having the essential character of prefabricated buildings." The merchandise under consideration consists of structural frameworks and includes no roof or wall sheeting or other covering, doors or windows or their frames, or floors. The Space Frame Systems alone do not have the essential character of complete prefabricated buildings. The Space Frame Systems are not classifiable in Heading 9406 (Heading 9406 does not contain a provision for parts of prefabricated buildings).

Heading 7308 describes "[s]tructures...and parts of structures (for example bridges and bridge-sections, lock gates, towers, lattice masts, roofs, roofing frame-works...". The Explanatory Notes to Heading 7308 provide that Heading 7308 articles "...are characterized by the fact that once they are put in position, they generally remain in that position. They are usually made up from bars, rods, tubes...by riveting, bolting, welding, etc.". The PALC Space Frames are described by Heading 7308 which is more specific that the provision mentioned by you, Heading 7325. This heading describes other cast articles of iron or steel, and it is unlikely that merchandise similar to that under consideration is being classified under this provision. The merchandise is classified in subheading 7308.90.90.

HOLDING:

The PALC Space Frame Systems 1 & 2 are classified in 7308.90.90, HTSUSA.

Sincerely,

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