CLA-2-76:OT:RR:NC:1:117

Mr. James M. Kane, III
Argyle Industries, Inc.
160 Meister Avenue
Branchburg, NJ 08876

RE: The tariff classification of extruded aluminum tubes from China

Dear Mr. Kane:

In your letter dated September 13, 2010 you requested a tariff classification ruling.

The product you intend to import is described as extruded aluminum tubes from China. The fabricated and finished aluminum tubing will be manufactured from aluminum alloy 5050 with a magnesium content of greater than 1.0 percent. The tubing will not be seamless.

The applicable subheading for the aluminum alloy tubing will be 7608.20.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for aluminum tubes and pipes: of aluminum alloys, other. The rate of duty will be 5.7 percent ad valorem.

You have asked whether this product is subject to antidumping duties or countervailing duties (AD/CVD). Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://www.cbp.gov (click on “Import” and “AD/CVD”).

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/.

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 Mary Ellen Laker at (646) 733-3020.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division