CLA-2-83:OT:RR:NC:N1:121

Mr. David S. Robinson
Nexsen Pruet
P.O. Box 30188
Raleigh, NC 27622

RE: The tariff classification of drapery rail kits from China

Dear Mr. Robinson:

In your letter dated November 1, 2011, you requested a tariff classification ruling. The submitted sample will be returned to you.

The merchandise under consideration is two drapery rail kits. The first kit is described as a “28mm Drapery H rail kit with ball finials.” It contains a 4 foot long by 28 mm diameter H rail, two ball finials, two brackets, six screws and wall anchors, and two Allen keys for installation. The second kit is described as a “28mm Drapery H rail kit with end caps.” It contains a 4 foot long by 28 mm diameter H rail, two end-cap finials, two brackets, six screws and wall anchors, and two Allen keys for installation.

The rail of each kit is made of extruded aluminum; the finials and brackets are made of steel. Each rail features two channels along its length. The channels are designed to accept the brackets. Each bracket consists of a base and a shaft that are assembled together. The base mounts to the wall and the shaft is designed to fit onto the channel on the rail. The rail, brackets and finials of each kit are finished by plating, painting or powder coating in order to give a matching, decorative appearance. You indicate that each kit provides all the necessary components required by the consumer for installation of the drapery rod.

The applicable subheading for the drapery rail kits will be 8302.41.6050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for base metal mountings, fittings and similar articles…other mountings, fittings and similar articles, and parts thereof, suitable for buildings, other, of iron or steel, of aluminum or of zinc, for curtains, draperies and window shades. The rate of duty will be 3.9 percent ad valorem.

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/

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 Barbara Kaiser at (646) 733-3024.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division