HQ 084006: Classification of multipurpose vessel (Watermaster)

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 084006

                                      May 4, 1989


            CLA-2 CO:R:C:G  084006  VEA

            CATEGORY: Classification

            TARIFF NO.: 8905.10.10

            Ms. Taina Ranta
            Lannen Konepaja
            SF-27820 Iso-Vimma (Saky La)
            Finland

            RE:  Classification of multipurpose vessel (Watermaster)

            Dear Ms. Ranta:

                 In a letter dated January 6, 1989, you requested a ruling
            on the tariff classification of the Watermaster, a multipurpose
            vessel, imported from Finland under the Harmonized Tariff
            Schedule (HTS).

            FACTS:

                 The literature submitted with the ruling request states
            that the Watermaster is a multipurpose vessel designed to
            preserve, restore, and rehabilitate lakes and inland waterways.

                 The Watermaster performs tasks in three different areas,
            environmental management, construction, and maintenance of
            waterways for leisure-related activities.  In the area of
            environmental management, the watermaster rehabilitates
            eutrophic rivers and lakes, and provides landscaping and flood
            control.  It also performs such technical work as removing pulp
            fibers and sunken logs, laying underwater pipe and cable,
            managing industrial water areas, reservoirs, and special civil
            engineering water projects.  The Watermaster is also designed
            to perform several functions related to maintaining waterways
            for leisure activities.  These include: constructing boating
            routes, channels and marinas, rehabilitating bathing beaches,
            and improving shorelines and banks.

                 The vessel has a steel frame.  It comes with several
            attachments, including a pump and hoe bucket, discharge pipes,
            a spout, and digger and inspection equipment.  It is self-
            propelled by a diesel engine which operates a propeller















                                         - 2 -

            through a transmission.  The dimensions of the Watermaster are
            as follows.  The vessel is 10.2m in length; 3.2m in width and
            weighs 14.1 tons.

                 You submit that the Watermaster should be classified in
            subheading 8905.10.00 as a dredging vessel, the navigability of
            which is of secondary significance compared to its main use,
            under the HTS.  The following is our decision on the issue.

            ISSUE:

                 Whether the Watermaster is properly classifiable as a
            dredger or other vessel the navigability of which is subsidiary
            to its function under heading 8905, subheading 8905.90.50, or
            subheading 8905.10.00, and subject to a free rate of duty.

            LAW AND ANALYSIS:

                 The General Rules of Interpretation (GRI's) govern
            classification under the Harmonized Tariff Schedule of the
            United States.  GRI 1 provides, "for legal purposes,
            classification shall be determined according to the terms of
            the heading and any relative section or chapter notes, and
            provided such headings or notes do not otherwise require,
            according to the following provisions...."

                 The relevant heading and subheadings at issue in this case
            provide:

                   8905     Light-vessels, fire-floats, dredgers,
                            floating cranes, and other vessels the
                            navigability of which is subsidiary to
                            their main function; floating docks;
                            floating or submersible drilling or
                            production platforms:

                          *        *        *      *       *         *

                   8905.10.00     Dredgers


                   8905.90.50     Other

                      *      *      *      *      *     *     *

                 According to GRI 1, in order to be classified in 8905, an
            article must (1) be a vessel, such as a light-vessel, fire-
            float, dredger, floating crane, or other vessel, and (2) be the
            type of vessel for which navigability is subsidiary to its main
            function.












                                         - 3 -

                 The article at issue in this case meets these criteria.
            It qualifies as a dredger since its primary function is
            removing earth or objects from the bed of a body of water.
            Also, the vessel's navigable function, i.e. its use as a means
            of transportation over water, is secondary to its main
            function.  The Watermaster primarily functions as a work
            machine and is designed to perform certain work-related
            functions to the body of water on which it is placed, or to the
            surrounding land areas.  These functions include removing pulp
            fibres and sunken logs,  managing industrial water areas and
            reservoirs, constructing boating routes, channels, and marinas,
            rehabilitating bathing beaches, and improving shorelines and
            banks.  Although the Watermaster is also capable of performing
            other secondary or related functions, such as laying underwater
            pipe and cable, it is primarily a dredging vessel.

                 You should be aware that the coastwise laws (i.e., 46
            U.S.C. App. 883, 289, 316(a), and 316(d)) and the law
            prohibiting the use of a foreign-built dredge in the United
            States (i.e., 46 U.S.C. App. 292) may affect the permissible
            use of the Watermaster.  If you have further questions in this
            regard, we suggest that you write to: Mr. B. James Fritz,
            Chief, Carrier Rulings Branch, U.S. Customs Service, Room 2137,
            1301 Constitution Ave., N.W., Washington, D.C. 22209.

            HOLDING:

                 The Watermaster is properly classifiable as a dredger  the
            navigability of which is subsidary to its main function, in
            heading 8905, subheading 8905.10.00 and subject to a free rate
            of duty.

                                      Sincerely,




                                      John Durant, Director
                                      Commercial Rulings Division

















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