The tariff classification of aluminum alloy threshold tracks from China

N129935 November 23, 2010 CLA-2-76:OT:RR:NC:1:117 CATEGORY: Classification TARIFF NO.: 7604.29.1000 Kelvin Lo Sun Bright International Corporation 151 Gardner Ave. Brooklyn, NY 11237 RE: The tariff classification of aluminum alloy threshold tracks from China Dear Mr. Lo: In your letter dated October 28, 2010 you requested a tariff classification ruling. The product you intend to import is described as threshold track kits consisting of aluminum alloy sliding door threshold tracks and zinc screws. It appears from the product information and photograph submitted with your request that the tracks and screws will be packaged with the sliding door for retail sale. The track pictured is a straight length of a profile other than hollow. You indicate the product will be imported in track sizes ranging from approximately 3 feet to 12 feet in length. The tracks with a length of 8 feet or less are stated to have one hole punched every 12 inches and one screw for each hole. The track material is 97.5% aluminum. This office disagrees with your proposal to classify the threshold track kit in subheading 8302.41.6080, HTSUS. Explanatory Note 83.02(D)(5) indicates that rods, tubes and bars, suitable for use as curtain or stair rods, etc., merely cut to length and drilled, remain classified according to the constituent metal. Accordingly, classification as a mounting or fitting in heading 8302 is not appropriate. The applicable subheading for the threshold tracks with screws 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 rate of duty will be 5 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://www.cbp.gov (click on "Import" and “AD/CVD"). 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 Mary Ellen Laker at (646) 733-3020. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division