CLA-2-83:S:N:N1:113 849874
Ms. Donna Wyzykowski
The Buffalo Customhouse Brokerage Co., Inc.
Peace Bridge Plaza Warehouse
Buffalo, New York 14213
RE: The tariff classification of Security Burglar Bars from
Canada.
Dear Ms. Wyzykowski:
In your letter dated February 20, 1990, on behalf of
Churchill Mills Ltd., you requested a tariff classification
ruling.
You provide a sample and description of the product. The
security bar is an assembly of aluminum alloy tubing consisting
of an outer and inner bar that can extend from 22" to
approximately 36" in length. The outer bar has a series of holes
which when aligned with the set of holes on the inner bar can be
secured to a desired length with the provided bolt and nut. The
locked bar is then placed into a window or sliding door runner to
prevent their opening.
You suggest that the security bar is classifiable as a
household article of aluminum in Chapter 76 of the Harmonized
Tariff Schedule of the United States (HTS). We believe, however,
that the security bar meets the definition of the term "parts of
general use" as defined in Section XV, Note 2, HTS, and as such
(by virtue of Note 2) is an article of Chapter 83 excluded from
classification in Chapter 76.
The applicable subheading for the security bar will be
8302.41.6060, HTS, which provides for other iron, steel,
aluminum, or zinc base metal fittings and mountings suitable for
buildings. The duty rate will be 5.7 percent ad valorem.
Goods classifiable under subheading 8302.41.6060, HTS, which
have originated in the territory of Canada, will be entitled to a
4.5 percent rate of duty under the United States-Canada Free
Trade Agreement (FTA) upon compliance with all applicable
regulations.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport