HQ 086648: PALC Space Frame Systems

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 086648

                         April 20, 1990

CLA-2  CO:R:C:G  086648  CMS

CATEGORY: Classification

TARIFF NO.: 7308.90.90

Mr. Robert Keller, President
Trans-National Trade Development Corporation
2 Dag Hammarskjold Plaza
866 Second Avenue
New York, NY 10017

RE: PALC Space Frame Systems


Dear Mr. Keller,

     Your request dated January 23, 1990 for a classification
ruling on the PALC Space Frame Systems has been forwarded by the
Regional Commissioner of Customs, New York to Customs
Headquarters for a reply.  Our ruling follows.

FACTS:

     The merchandise consists of the PALC Space Frame Systems 1 &
2 manufactured by the Spanish company PERFRISA.  The Systems are
assemblies of steel articles which provide structural support in
buildings.  The components are comprised of welded steel tubes,
steel tube connectors, cast or pressed nodes, cold formed
purlins, stools made from welded steel tubes, neoprene joints,
screws and washers.  The merchandise is imported unassembled.

     The assemblies are custom designed for specific projects.
The product brochure submitted by the importer contains several
pictures of the assemblies used as roof supports.  The top of the
structures support roofs while lighting fixtures and moveable
cranes are suspended from the assemblies.  The assemblies are
mainly comprised of a series of modules in the shape of
equilateral triangles, tetrahedrons and square based pyramids.
The product brochure states that the main characteristics of the
assemblies are spatiality in the transmission of loads, high
degree of hyperstatism, rapid damping of the effects of punctual
loads, standardizing of the elements (bars and nodes),
versatility, high ratio of rigidity/own weight, lightness and
rapidity of assembly.

                               -2-

ISSUE:

     Is the merchandise classified as prefabricated buildings in
Heading 9406, structures or parts of structures in Heading 7308,
or as other cast articles of steel in Heading 7325?

LAW AND ANALYSIS:

     Heading 9406 describes "[p]refabricated buildings".  The
Explanatory Notes to Heading 9406, p. 1582 provide that Heading
9406 covers "...incomplete buildings, whether or not assembled,
having the essential character of prefabricated buildings."  The
merchandise under consideration consists of structural
frameworks and includes no roof or wall sheeting or other
covering, doors or windows or their frames, or floors.  The Space
Frame Systems alone do not have the essential character of
complete prefabricated buildings.  The Space Frame Systems are
not classifiable in Heading 9406 (Heading 9406 does not contain a
provision for parts of prefabricated buildings).

     Heading 7308 describes "[s]tructures...and parts of
structures (for example bridges and bridge-sections, lock gates,
towers, lattice masts, roofs, roofing frame-works...".  The
Explanatory Notes to Heading 7308 provide that Heading 7308
articles "...are characterized by the fact that once they are put
in position, they generally remain in that position.  They are
usually made up from bars, rods, tubes...by riveting, bolting,
welding, etc.".  The PALC Space Frames are described by Heading
7308 which is more specific that the provision mentioned by you,
Heading 7325.  This heading describes other cast articles of iron
or steel, and it is unlikely that merchandise similar to that
under consideration is being classified under this provision.
The merchandise is classified in subheading 7308.90.90.

HOLDING:

     The PALC Space Frame Systems 1 & 2 are classified in
7308.90.90, HTSUSA.




                                   Sincerely,






                                   Jerry Laderberg
                                   Acting Director
                                   Commercial Rulings Division