CBSAの根拠
&&In your request for an Advance Ruling you proposed subheading 9406.90. This subheading is incorrect.&&&&Legal Note 4 to Chapter 94 defines ‘prefabricated buildings’ as buildings which are finished in the factory or put up as elements, presented together, to be assembled on site, such as housing or worksite accommodation, offices, schools, shops, sheds, garages or similar buildings.&&&&In appeal AP-2012-057, the Canadian International Trade Tribunal (Tribunal) stated that for the purposes of heading No. 94.06, all buildings are structures, not all structures are buildings. The Tribunal made it clear that permanent buildings, including those that are "pre-fabricated", are considered to be "characteristically immovable construction" while structures such as gazebos and sun shelters are designed for on-site assembly that can be readily dismantled for re-assembly at an alternative location.&&&&The hail shelter is similar to gazebos and sun shelters and is not considered to be a prefabricated building, nor is it permanent and immovable.&&&&Heading 76.10 provides for Aluminium structures (excluding prefabricated buildings of heading 94.06) and parts of structures (for example, bridges and bridge-sections, towers, lattice masts, roofs, roofing frameworks, doors and windows and their frames and thresholds for doors, balustrades, pillars and columns); aluminium plates, rods, profiles, tubes and the like, prepared for use in structures.&&&&The Explanatory Notes to heading 73.08 also apply to heading 76.10. The Notes state that the heading covers complete or incomplete metal structures, as well as parts of structures…these structures are characterised by the fact that once they are put in position, they generally remain in that position…Such structures sometimes incorporate products of other headings.&&&&The hail shelter meets the terms of heading 76.10 as it is a complete structure, it generally remains in the same position, it is constructed of hollow aluminum tubes and affixed to the ground by riveting, bolting, etc. The roof of PVC mesh fabric does not affect its classification in heading 76.10.