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NY B87749

August 7, 1997

CLA-2-84:RR:NC:1:103 B87749


TARIFF NO.: 8426.99.0000; 8479.89.9797

Mr. Robert H. Hazelton
RHH Associates
309 Long Pond Road
Marstons Mills, MA 02648

RE: The tariff classification of an oil spill containment system from CanadaDear Mr. Hazelton:

In your letter dated July 15, 1997 you requested a tariff classification ruling.

With your inquiry you submitted descriptive literature and a videotape on the "Protector," a system designed to contain an oil spill during oil transfer operations between a ship and a shoreside facility. The system basically consists of an aluminum crane and a mechanically expandable oil containment unit mounted on a float. The oil containment unit features an inner stainless steel mechanism weighing approximately 75 pounds to which is attached a fabric curtain weighing about 50 pounds. In use, this unit is attached to a vertical H-beam which is permanently installed to the side of a dock. The crane is used to lower the containment unit down the H-beam to the level of the water. When a cable is manually pulled the containment unit expands horizontally, forming a barrier between the vessel and the dock at water level. The float allows the containment unit to move up and down along the H-beam as the level of the water changes with the tide. By deploying the "Protector" at the bow and stern of the vessel, oil which leaks from the vessel will be contained in the water between the ship and the dock.

The applicable tariff provision for the mechanical containment unit will be 8479.89.9797, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), 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 general rate of duty will be 3 percent ad valorem.

The applicable tariff provision for the derrick crane, whether or not imported with the containment unit, will be 8426.99.0000, HTS, which provides for cranes: other. The general rate of duty will be 0.8 percent ad valorem.

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 Alan Horowitz at 212-466-5494.


Robert B. Swierupski
Chief, Metals & Machinery Branch

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