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NY K82379




February 9, 2004
CLA-2-84:RR:NC:1:103 K82379

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.9897

Mr. William B. Dalton
Griffin Transport Services, Inc.
1095 Spice Islands Drive
Ste. 100
Sparks, NV 89431

RE: The tariff classification of a personal evacuation kit from Germany

Dear Mr. Dalton:

In your letter dated January 5, 2004 on behalf of RIBICRESCUE, Inc. you requested a tariff classification ruling.

With your inquiry, you submitted a sample of a RIBICRESCUE emergency evacuation kit. The device is available in two versions with the only difference being the length of the steel cable. The RIBICRESCUE “High-Rise” (which is the sample submitted) features a cable length of 820 feet (approximately 66 stories). The RIBICRESCUE “SkyScraper™” features a cable length of 1,475 feet (approximately 110 stories). The kit is composed of the following articles: body harness composed of an adjustable vest and metal hardware, steel cable (as noted above, length varies according to model), shock absorbing lanyard assembly, braking device, anchor cable, locking carabiner and user instructions. All the items are packaged together and sold at retail in a cardboard box.

If a person finds him/herself trapped in a high rise building with no other viable means of escape, this kit can be used as a means of evacuating the premises. The user straps on the vest/harness to which is attached the case containing the spool of steel cable, brake unit and hand control. Using the anchor cable and carabiner, the cable is attached to an anchor such as a pillar or column which is sufficient to support the person’s weight. The user then exits through an opening (such as a window) and begins the descent. The hand brake control/braking device provides for a controlled descent. Should the user lose consciousness, a pre-set maximum descent speed minimizes the chance of serious injury.

As per your request, sample of the RIBICRESCUE “High-Rise” will be returned to your office.

In your letter, you suggest classification under subheading 8425.19, HTS. Said subheading provides for pulley tackle and hoists other than skip hoists or hoists of a kind used for raising vehicles. Pulley tackle and hoists are designed to give a mechanical advantage to facilitate lifting. The RIBICRESCUE is not within the common meaning of the term “hoist”. Hoists are designed to lift from a position directly above their loads. The item in question is not principally used to lift, but rather to hold and secure an human being rappelling down the side of a building. In addition, the RIBICRESCUE is not commonly or commercially known as pulley tackle or a hoist.

HQ ruling 083447 dated May 2, 1989 provides a helpful discussion of the term “hoist”. Said ruling states, in part, that “A hoist is a mechanism: for raising and lowering material with intermittent motion while holding the material freely suspended. Hoisting machines are capable of picking up loads at one location and depositing them at another anywhere within a limited area. Volume 8, McGraw-Hill Encyclopedia of Science and Technology, P. 480 (1987).” Following the rationale set forth in HQ ruling 083447, as the RIBICRESCUE does not lift a freely suspended object (in this case, a human being) and since it is incapable of picking up a load at one location to move to another location, the RIBICRESCUE would not be classified under subheading 8425.19, HTS, as a hoist.

The RIBICRESCUE “High-Rise” and the RIBICRESCUE “SkyScraper™” meet the requirements for classification as a set, as outlined in General Rule of Interpretation 3 of the Harmonized Commodity Description and Coding System Explanatory Notes. In accordance with GRI 3(c), the applicable subheading for the RIBICRESCUE “High-Rise” and the RIBICRESCUE “SkyScraper™” will be 8479.89.9897, Harmonized Tariff Schedule of the United States (HTS), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84): other machines and mechanical appliances: other: other: other: other. The rate of duty will be 2.5 percent ad valorem.

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 Robert Losche at 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,

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