CLA-2-76:OT:RR:E:NC:N1:117
Mr. Thomas W. Singer
Franklin Traffic Service Inc.
5251 Shawnee Road
Sanborn, NY 14132
RE: The tariff classification an aluminum high speed door from Canada or France.
Dear Mr. Singer:
In your letter dated April 29, 2008 on behalf of Albany Door Systems, you requested a tariff classification ruling.
The item to be imported is a high speed aluminum door identified as the Ultra Secure 3000. It is used for commercial and high security applications where speed is important. It is constructed of double walled anodized aluminum slats and tight seals.
The applicable subheading for the Ultra Secure aluminum door will be 7610.10.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for aluminum structures (excluding prefabricated buildings of heading 9406) 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), aluminum plates, rods profiles, tubes and the like, prepared for use in structures, doors, windows and their frames and thresholds for doors, other. The general rate of duty will be 5.7 percent.
In your letter you suggest classification of these doors in subheading 7616.99.5090 HTSUS which provides for other articles of aluminum. However, these doors are more specifically provided for as doors for structures in subheading 7610.10.0030.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
Your inquiry does not provide enough information for us to give a classification ruling on the Ultra Tough door system. Classification of this product depends on whether the SBR coated polyester fabric meets the definition of rubberized textile fabric in legal note 4(a) of Chapter 39 of the HTSUS. Your request for a ruling should include a sample swatch of the SBR coated polyester fabric. Provide the weight of the rubber coated textile fabric in grams per square meter. If weighing more than 1500 grams per square meter, specify the relative weight of the rubber coating versus the polyester fabric. When this information is available, you may wish to consider resubmission of your request.
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 Gloria Stingone at 646-733-3020.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division