The tariff classification of a Turnstile Pedestrian Traffic Gate from the United Kingdom

N293900 February 28, 2018 CLA-2-84:OT:RR:NC:N1:104 CATEGORY: Classification TARIFF NO.: 8479.89.9499 Mr. Keith E. Landry Aries Global Logistics 770 South Central Ave. Hapeville, GA 30354 RE: The tariff classification of a Turnstile Pedestrian Traffic Gate from the United Kingdom Dear Mr. Landry: In your letter dated January 29, 2018, on behalf of your client, Smarter Security Inc., you requested a tariff classification ruling. The “Fastlane Plus 150 SA” is a turnstile pedestrian traffic gate used for the purpose of securing pedestrian access control in commercial office buildings and facilities. The turnstile is constructed of cold rolled stainless steel flats, stainless steel sheet, and stainless steel bars. While the unit’s support pillars, framework and gate arm supports are of stainless steel, the turnstile also features quartz ends, acrylic indicaors, polycarbonate windows and glass center panels. When the “Fastlane Plus 150 SA” is imported, it will be fitted with circuit boards and motors which are used to control the turnstile’s arms. There are also infrared sensors to detect pedestrians and objects in the turnstile’s path. Prior to importation, the turnstiles are shipped and configured to operate on a manual mechanical basis. In case of a power outage, the “Fastlane Plus 150 SA” is designed to function as a manually operated turnstile. The optimal configuration for the turnstile is for it to be monitored and remotely operated by a security guard. In your letter, you propose classifying the “Fastlane Plus 150 SA” under heading 7308, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Structures (excluding prefabricated buildings of heading 9406)and parts of structures (for example, bridges and bridge sections, lock gates, towers, lattice masts, roofs, roofing frameworks, doors and windows and their frames and thresholds for doors, shutters, balustrades, pillars and columns) of iron or steel; plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel”. As justification for your proposed classification, you cite NY J86561 dated July 30, 2003 in which a steel rotating turnstile was classified in 7308.90.9590, HTSUS, which provides for “ … structures and parts of structures of iron or steel: Other: Other: Other”. You suggest that the turnstile currently at issue is similar to the product described in NY J86561 and therefore should likewise be classified in heading 7308, HTSUS. However, we note that the MPT13 turnstile described in NY J86561 was comprised solely of steel. By contrast, the “Fastlane Plus 150 SA” is comprised of multiple materials, i.e., stainless steel, quartz, acrylic and polycarbonate. For that reason, we find that the conclusion reached in NY J86561 does not apply in this instance. The applicable subheading for the “Fastlane Plus 150 SA” turnstile pedestrian traffic gate will be 8479.89.9499, HTSUS, which provides for “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter, parts thereof: Other machines and mechanical appliances: Other: Other: Other”. The rate of duty will be 2.5% ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at https://hts.usitc.gov/current. 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 Patricia O’Donnell at patricia.k.odonnell@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division