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

Ms. Lorraine L. Goodwin
Gallagher Transport International Inc.
2705 E. 20th St.
Vancouver, WA 98661

RE: The tariff classification of aluminum flooring planks from China.

Dear Ms. Goodwin:

In your letter dated January 10, 2011, on behalf of KMB Metals LLC, you requested a tariff classification ruling.

The products you plan to import are aluminum flooring planks. Measuring 12 inches in width, the planks will be imported in lengths of either 4 or 5 feet.

The applicable subheading for the flooring planks will be 7610.90.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for aluminum structures (excluding pre-fabricated buildings of heading 9406) and parts of structures (for example, bridges and bridge-sections, towers, lattice masts, roofs, roofing frameworks, aluminum 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, other, sheet-metal roofing, siding, flooring, and roof guttering and drainage equipment. The general rate of duty will be 5.7 percent.

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/.

You have asked whether the subject planks are subject to antidumping duties. Customs does not issue written rulings regarding the scope of AD/CVD orders. Such written decisions are issued by the import administration in the Department of Commerce (DOC) 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"). 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