The tariff classification of a building roofcar from the Netherlands

NY J88803 October 1, 2003 CLA-2-84:RR:NC:1:103 J88803 CATEGORY: Classification TARIFF NO.: 8428.90.0090 Mr. Brian Rowe Universal Logistics Inc. 125 Commerce Valley Drive West, Suite 750 Thornhill, Ontario, Canada L3T 7W4 RE: The tariff classification of a building roofcar from the Netherlands Dear Mr. Rowe: In your letter dated September 8, 2003 on behalf of XSPlatforms Inc. you requested a tariff classification ruling. The roofcar, also known as a building maintenance unit, is a lifting machine which runs along rails located along the perimeter of a building’s roof. It basically consists of an electrically driven mobile base on which are mounted fixed davit arms and a hoist (telescopic davit arms are optional). The hoist and arms allow a two-person aluminum platform to be raised or lowered along the side of the building so that workmen can perform routine exterior building maintenance such as window cleaning, painting and caulking. You suggested classifying the roofcar in subheading 8428.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for passenger and freight elevators other than continuous action and skip hoists. A passenger or freight elevator consists of a car moving up and down on vertical rails generally using counterbalanced weights, while a skip hoist is used to lift bulk material containers up a ramp or vertical shaft. As the roofcar is neither an elevator nor a skip hoist, it is not classifiable in subheading 8428.10.0000, HTS. The applicable subheading for the roofcar will be 8428.90.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for other lifting, handling, loading or unloading machinery: other machinery: other: other. The rate of duty will be free. 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 Alan Horowitz at 646-733-3010. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division