The tariff classification of aluminum threshold tracks from China, Vietnam and Taiwan.

N126062 October 20, 2010 CLA-2-76:OT:RR:NC:1:117 CATEGORY: Classification TARIFF NO.: 7604.29.1000 Mr. Kelvin Lo Sun Bright International Corp. 151 Gardner Ave. Brooklyn, NY 11237 RE: The tariff classification of aluminum threshold tracks from China, Vietnam and Taiwan. Dear Mr. Lo: In your letter dated October 4, 2010 you requested a tariff classification ruling. The products to be imported are described as threshold tracks for sliding closet doors. These alloyed aluminum extrusions are available in a variety of colors and finishes and can be ordered in lengths ranging from 36.25 to 144 inches. Those tracks with a length of 8 feet or less will be imported with 1 hole drilled every 12 inches. This office disagrees with your proposal that the threshold tracks should be classified in subheading 8302.41.6045, HTSUS, which provides for base metal mountings, fittings and similar articles suitable for interior and exterior doors.  Per Explanatory Note (EN) 83.02 (D) (5), rods, tubes and bars suitable for use as curtain or stair rods, etc., merely cut to length and drilled, are classified according to the constituent material and not in heading 8302. The applicable subheading for the aluminum threshold tracks will be 7604.29.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for aluminum bars, rods and profiles, of aluminum alloys, other, other profiles. The general rate of duty will be 5 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/. Please be advised that the aluminum threshold tracks from China may be 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"). 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