The tariff classification of the Pedigrid Midnight HD Carpet

N234288 November 6, 2012 CLA-2-76:OT:RR:NC:N1:113 CATEGORY: Classification TARIFF NO.: 7616.99.50 Ms. Jennifer Gara Construction Specialties, Inc. 3 Werner Way Lebanon, NJ 08833 RE: The tariff classification of the Pedigrid Midnight HD Carpet Dear Ms. Gara: In your letter dated October 11, 2012, you requested a tariff classification ruling on the Pedigrid Midnight HD Carpet which you plan to export. Pictures and diagrams of the subject merchandise were submitted for our review. The merchandise is identified in your letter as the Pedigrid Midnight HD Carpet with Clear Anodize Finish. You indicated in your letter that the product under consideration is flooring and is always recess mounted. It is an entrance grating that consists of an aluminum rail, a rubber cushion on the bottom, and carpet strip inserts. Various options for inserts include carpet inserts (nylon/ polypropylene or all polypropylene), vinyl inserts, vinyl abrasive inserts, recycled rubber inserts and poured abrasive inserts. The product is designed to allow dirt and debris to fall through the mat instead of remaining on the surface. The Pedigrid Midnight HD Carpet keeps the entrances of commercial buildings, schools and hospitals clean by stopping dirt, snow and water at the door. You stated that you import the cushions and extruded aluminum rails (except for mill rails, which can be produced in the United States or imported). All other components are purchased from suppliers in the United States. The Pedigrid Midnight HD Carpet in question is assembled in your plant in the United States on a cut-to-size basis. You indicated that you are requesting the classification of the finished product identified as the Pedigrid Midnight HD Carpet with Clear Anodize Finish. You suggested classification for the Pedigrid Midnight HD Carpet under subheading 5703.20.20, Harmonized Tariff Schedule of the United States (HTSUS), which provides for carpets and other textile floor coverings, tufted, whether or not made up: of nylon or other polyamides: other. Although in some cases a strip of carpet forms the top layer (in other versions the inserts are vinyl, rubber or abrasives) this is not a textile floor covering. The finished product is an entrance grating system that is chief weight/value aluminum. The grating is inserted/recessed into the floor. It is not a textile floor covering of Chapter 57, HTSUS. This office believes that the essential character of the subject merchandise is imparted by the aluminum. Therefore, the Pedigrid Midnight HD Carpet with Clear Anodize Finish is classified under heading 7616, HTSUS, which provides for other articles of aluminum. The applicable subheading for the Pedigrid Midnight HD Carpet with Clear Anodize Finish will be 7616.99.50, HTSUS, which provides for other articles of aluminum, other…other. You stated that you import the extruded aluminum rails (except for mill rails, which can be produced in the United States or imported). The imported rails 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 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