The tariff classification of aluminum rings from China

N211975 April 19, 2012 CLA-2-76:OT:RR:NC:N1:113 CATEGORY: Classification TARIFF NO.: 7616.99.5090 Ms. Erma M. Tarkington Senior Account Manager Marisol International 612 Hangar Lane Suite 235 Nashville, TN 37217 RE: The tariff classification of aluminum rings from China Dear Ms. Tarkington: In your letter received by our office on March 30, 2012, on behalf of Changying Xu dba Changxu, you requested a tariff classification ruling. Photographs, a scale drawing, a specification sheet and a sample of the subject aluminum ring were submitted for our review. The items under consideration are described as extruded aluminum tubes, part number I-5362-7. The schematic indicates that the articles under consideration are made from aluminum alloy designation series number 6061. Each article measures approximately 1.500 inches in outside diameter and 4.610 inches in length. However, a pipe section measuring less than 12 inches in length is not considered a pipe or tube but a fitting. The subject item cannot be classified as a tube or fitting because it does not meet the parameters set forth in the Explanatory Notes (ENs) that describe a tube or fitting. Specifically, the ENs to heading 7307, Harmonized Tariff Schedule of the United States (HTSUS), describe a tube or pipe fitting as a product used for connecting the bores of two tubes together, or for connecting a tube to some other apparatus, or for closing the tube aperture. The schematic states that the subject aluminum rings are used as inserts for Swab Cups. Therefore, the article in question would not be considered a tube or pipe fitting. The applicable subheading for the aluminum rings (part number I-5362-7) will be 7616.99.5090, HTSUS, which provides for other articles of aluminum, other, other…other. The rate of duty will be 2.5 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://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 Ann Taub at (646) 733-3018. Sincerely, Thomas J. Russo Director National Commodity Specialist Division