NY 0857332 - The tariff classification of a container from Norway - United States International Trade Commision Rulings

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NY 857332

Nov. 8, 1990

CLA-2-84:S:N:N1:103 857332

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.9090

Mr. Gunnar Kr. Gangsaas
Norpol Marine Services A/S
P.O. Box 338
N-1322 Hovik, Norway

RE: The tariff classification of a container from Norway

Dear Mr. Gangsaas:

In your letter dated October 8, 1990 you request a tariff classification ruling. In this letter you make reference to your previous ruling request regarding 10, 13, or 20 foot long containers in which are mounted one or more hydraulic winders, a diesel hydraulic powerpack, and internal lights. After importation into the United States, oil containment booms will be fitted onto the winder and spare equipment will be placed in the container. The resulting article will be a mobile oilspill response package used to pay out and take up the boom in order to control an oilspill. In our reply to your earlier inquiry, Ruling Letter 856087 dated September 27, 1990, we advised you that the imported container fitted with winder(s), a powerpack, and lights was classifiable in subheading 8479.89.9090, Harmonized Tariff Schedule of the United States (HTS), and was dutiable at the rate of 3.7 percent ad valorem since the essential character of the importation was imparted by the winder(s).

You now state that you contemplate revising the nature of the importation which was the subject of Ruling Letter 856087. You indicate that the spare equipment will not be supplied from Norway, and that the diesel hydraulic powerpack will be shipped separately from the container and only assembled into the container after both have arrived in the United States. You request a ruling as to the classification of the container without the powerpack and spares, as well as a ruling as to the classification of the powerpack which is shipped separately. You claim that the container should be classified as such since it is used for transporting and storing oil containment booms, while the powerpack is used to power the winder and inflate the oilboom.

Based on the information you have provided, it appears that the containers will continue to be imported fitted with one or more winders. Under this circumstance, we remain of the opinion that the essential character of this composite article is the winder since it is the winder which is used to deploy the oilboom, thus allowing the oilspill to be contained. We therefore see no reason to modify our earlier ruling letter. Accordingly, the container imported with one or more winders but without the powerpack remains classifiable in the provision for other machines and mechanical appliances having individual functions, not specified or included elsewhere, in subheading 8479.89.9090, HTS. The rate of duty is 3.7 percent ad valorem.

You describe the diesel hydraulic powerpack as consisting of a 21 horsepower diesel engine coupled to a hydraulic pump and airblower. The unit is built on a frame which contains diesel and hydraulic oil tanks. Your inquiry does not provide enough information for us to give a classification ruling on this article. Your request for a classification ruling should include a statement as to whether both the hydraulic pump and airblower are powered off the same diesel engine, and whether they are both mounted on the same base. Also, a drawing or design schematic of the diesel hydraulic powerpack, as well as a full description of its use and operation, would be helpful.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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