The tariff classification of aluminum fence sections from China.

N137841 January 7, 2011 CLA-2-76:OT:RR:NC:1:117 CATEGORY: Classification TARIFF NO.: 7610.90.0080 Ms. Lorraine L. Goodwin Gallagher Transport Int’l, Inc. 2705 E. 20th Street Vancouver, WA 98661 RE: The tariff classification of aluminum fence sections from China. Dear Ms. Goodwin: In your letter dated December 8, 2010 you requested a tariff classification ruling on behalf of your client, KMB Metals LLC. The products to be imported are pre-constructed aluminum fence sections comprised of top rails, top rail infills, posts bottom rails and pickets. These fence sections are available in a variety of shapes and designs and will be shipped together unassembled. In your letter, you indicate that each shipment will contain the correct number of components that after assembly will make complete fence sections. The applicable subheading for the aluminum fence sections will be 7610.90.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for aluminum structures, (excluding prefabricated 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/. Please be advised that the aluminum fence sections 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