The tariff classification of an I-Beam Trolley Anchorage Connector from China

N329193 November 21, 2022 CLA-2-76:OT:RR:NC:N1:113 CATEGORY: Classification TARIFF NO.: 7616.99.5190; 9903.88.03 Ms. Kari Aiduk Mohawk Global Logistics 123 Air Cargo Rd. North Syracuse, NY 13212 RE: The tariff classification of an I-Beam Trolley Anchorage Connector from China Dear Ms. Aiduk: In your letter dated November 7, 2022, you requested a tariff classification ruling on behalf of your client, Werner Co. Product descriptions, technical data and photographs of the I-Beam Trolley Anchorage Connector were provided for our review. The article under consideration is identified as the I-Beam Trolley Anchorage Connector (Beam Trolley), Model number A450000. The Beam Trolley is comprised of an aluminum cross bar, aluminum rollers, polyester webbing, steel swivel, and steel fasteners/hardware. You stated the primary component of the item is the aluminum material of which the rollers and cross bar are comprised. According to your submission, “the aluminum cross bar connects the two sides of the aluminum roller assemblies and provides the connection point for the webbing. The aluminum rollers are secured on both sides of the I-beam which allows for the horizontal movement of the trolley. The polyester webbing is wrapped around the aluminum cross bar and connects to the steel swivel of which the operator must secure themselves to, using a lifeline harness assembly that is imported and sold separately.” The Beam Trolley is intended to function as a mobile anchorage point in the fall protection industry. Consideration has been given toward classifying the I-Beam Trolley Anchorage Connector in subheading 8479.89.9599, Harmonized Tariff Schedule of the United States (HTSUS), as a machine or mechanical appliance having an individual function, not elsewhere specified or included in Chapter 84. For the following reasons, this office does not consider subheading 8479.89.9599, HTSUS, to be appropriate. The article in question does not perform a mechanical function and is not a machine for tariff purposes. The subject article contains a set of wheels and attaches to a static horizontal I-beam. The Beam Trolly Anchorage includes a short nylon strap connected to an aluminum D-Ring, which provides a mobile anchorage point and prevents a tethered worker from falling. The worker must manually pull the unpowered trolly along the static beam, and the device performs no “work” outside of itself. The subject article is unlike the personal fall protection kit at issue in A85512 (1996), which classified the article under 8479 pursuant to General Rules of Interpretation (GRI) 3(c). That kit included a “mechanical rope grab”, which is a mechanical device using friction as a brake to grab the rope and arrests a fall in the event the worker loses his balance. Rope grab devices often incorporate a spring-loaded cam locking system, which would be mechanical. While the Beam Trolly Anchorage Connector incorporates a spring device, this is only for adjusting the fit to the I-beam and does not perform a mechanical function or “work”. The Beam Trolly Anchorage Connector does not use the adjustment spring’s energy to stop a fall or move an object. In view of the above, classification in subheading 8479.89.9599, HTSUS, would not be appropriate. Additionally, you seek clarification on whether the I-Beam Trolley Anchorage Connector is classified in heading 8428, HTSUS, which provides for "Other lifting, handling, loading or unloading machinery." The Anchorage Connector functions as a mobile anchor point for an operator who is working at an elevated height, by providing support to the operator if they were to fall or lose their primary lifeline. Since the I-Beam Trolley Anchorage Connector does not lift, handle, load, or unload an object, it is precluded from classification in heading 8428, HTSUS. Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRIs), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. The Beam Trolley Anchorage Connector is comprised of aluminum, steel, and polyester components that are classified in different headings. Since no one heading in the tariff schedules covers the components of the Beam Trolley in combination, GRI 1 cannot be used as a basis for classification. GRI 3(b) provides that mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale shall be classified as if they consisted of the material or component which gives them their essential character.  As the subject Beam Trolley is a composite article, we must apply GRI 3(b), which provides that composite goods are to be classified according to the component that gives the goods their essential character. Explanatory Note (EN) VIII to GRI 3(b) explains that “the factor which determines essential character will vary as between different kinds of goods. It may, for example be determined by the nature of the material or component, its bulk, quantity, weight or the use of the goods.” We must determine whether the metal components or the polyester component imparts the essential character to the Beam Trolley. It is the role of the constituent materials or components in relation to the use of the good that imparts the essential character. In this case, based on the breakdown of materials by weight and value, the metal predominates by weight and value over the polyester. Therefore, it is the opinion of this office that the metal imparts the essential character to the composite article. In accordance with GRI 3(b), the I-Beam Trolley Anchorage Connector will be classified under a heading which provides for other articles of metal. We note that the Beam Trolley is composed of more than one metal. Section XV, Note 7 of the HTSUS, states that the classification of articles of base metal containing two or more base metals are to be treated as articles of the base metal that predominates by weight over each of the other metals. Based on the information provided to our office, the metal in the I-Beam Trolley Anchorage Connector that predominates by weight is aluminum. Therefore, the subject Beam Trolley will be classified under heading 7616, HTSUS, which provides for other articles of aluminum. Heading 7616 covers a wide range of aluminum articles that are not more specifically provided for elsewhere in the tariff. Noting that the Beam Trolley under consideration is not more specifically provided for in heading 8428 or 8479, or in any other heading of the tariff, the product will be classifiable under heading 7616, as an other article of aluminum. The applicable subheading for the I-Beam Trolley Anchorage Connector, Model number A450000, will be 7616.99.5190, HTSUS, which provides for other articles of aluminum, other…other. The rate of duty will be 2.5 percent 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 at https://hts.usitc.gov/current. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 7616.99.5190, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 7616.99.5190, HTSUS, listed above. The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively. 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 Ann Taub at Ann.Taub@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division