The tariff classification of a telescopic gate from China

N225958 August 8, 2012 CLA-2-84:OT:RR:NC:1:104 CATEGORY: Classification TARIFF NO.: 8479.89.9899 Ms. Vanessa Carla B. Canaberal Collins and Hermann, Inc. 1215 Dunn Road St. Louis, MO 63138 RE: The tariff classification of a telescopic gate from China Dear Ms. Canaberal: In your letter dated July 10, 2012, you requested a tariff classification ruling. The P863 Telescopic Gate is a motorized access control gate with an opening span of 15 to 100 feet. This model is a trackless gate, i.e., uses suspension movement and operates without any rail/track or wheels. The mechanical gate is designed for use at the main entrances of locations such as warehouses, factories and stadiums. The gate features photocell anti-collision sensors, an anti-climb alarm system and a caution lamp. In the event of a power failure, the gate can be manually opened/closed by means of a key which unlocks the clutch. The running speed of the gate is 20m – 25m per minute. It is permanently mounted on the floor/surface. The gate is made of Aluminum Alloy 6063-T5. The applicable subheading for a complete P863 Telescopic Gate will be 8479.89.9899, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter, parts thereof: Other machines and mechanical appliances: Other: Other… Other”. The rate of duty will be 2.5 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/. 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/. In your submission, you also requested a ruling on marking and the application of any trade program or agreement. Your inquiry does not provide enough information for us to give a ruling on these matters. As indicated in our original response to you, i.e., NY N218735 dated June 12, 2012, your request for a ruling on marking and the applicability of a trade program or agreement should include the following information: Is this gate manufactured in China from all originating materials? If not, list any non-originating materials and provide details on these components, e.g, name, cost breakdown, method of production, etc. Are non-originating components subjected to manufacturing processes in China such as machining and/or welding or is it a simple assembly operation? When this information is available, you may wish to consider resubmission of your request. We are returning any related exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you. 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 Patricia O’Donnell at (646) 733-3011. Sincerely, Thomas J. Russo Director National Commodity Specialist Division