United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2003 NY Rulings > NY J88797 - NY J88842 > NY J88803

Previous Ruling Next Ruling
NY J88803

October 1, 2003

CLA-2-84:RR:NC:1:103 J88803


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.


Robert B. Swierupski

Previous Ruling Next Ruling

See also: