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NY A82353




April 17, 1996

CLA-2-89:RR:NC:MA:106 A82353

CATEGORY: CLASSIFICATION

TARIFF NO.: 8901.90.0000

Mr. John C. Musgrave, Sr.
209 Fifth Street
P.O. Box 11
Point Pleasant, WV 25550

RE: The tariff classification of barges from Canada

Dear Mr. Musgrave:

In your letter dated April 4, 1996 you requested a tariff classification ruling.

The merchandise is question is described as Canadian-built barges of steel construction, measuring 200 feet in length, 35 feet in width and a height of 12 feet. They are not self-propelled and are intended to be used on the inland waterways of the United States for the transportation of grain, coal and other goods.

The applicable tariff provision for the barges will be 8901.90.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for cruise ships, excursion boats, ferry boats, cargo ships, barges and similar vessels for the transport of persons or goods . . . other vessels for the transport of goods and other vessels for the transport of both persons and goods. The general rate of duty will be free.

You may also be concerned about the applicability of the "Jones Act" to these vessels. Such questions should be directed to the Office of Regulations and Rulings, Entry and Carrier Rulings Branch, U.S. Customs Service Headquarters, 1301 Constitution Avenue, N.W., Washington D.C. 20229. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Patrick J. Wholey at 212-466-5668.

Sincerely,

Roger J. Silvestri
Director

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