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

Mr. William Armour
Ameristar Fence Products
1555 N. Mingo Road
Tulsa, Oklahoma 74116

RE: The tariff classification of aluminum fence panel kits from China.

Dear Mr. Armour:

In your letter dated June 17, 2011 you requested a tariff classification ruling.

The products you plan to import are 2 rail aluminum fence panel kits. These kits are comprised of 15 pickets, 2 rails, 1 post, 2 rods, grommets and screws and will be used in residential fencing applications. The pickets, rails, post and rods are made from aluminum alloy. You indicate that the kits will be shipped together unassembled and that each shipment will contain the correct number of components that after assembly will make complete fence panels.

The applicable subheading for the aluminum fence panel kits will be 7610.90.0080, 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, 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, other, other. The rate of duty will be 5.7 percent ad valorem.

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/.

The merchandise in question may be subject to antidumping duties or countervailing duties. 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://addcvd.cbp.gov/.

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