The tariff classification of a structure of a wind turbine tower from China

N235864 December 10, 2012 CLA-2-76:OT:RR:NC:1:117 CATEGORY: Classification TARIFF NO.: 7610.90.0080 Mr. David Andrews Operations Manager Aluwind Inc. 701 Topeka Way Castle Rock, CO 80109 RE: The tariff classification of a structure of a wind turbine tower from China Dear Mr. Andrews: In your letter dated November 28, 2012 you requested a tariff classification ruling. The product under consideration is a structure that is used inside the tower of a wind turbine. It is designed to provide a physical barrier between the working areas inside the turbine and the ladder shaft that is used by the technician. These structures are fully assembled finished goods. The aluminum used for the tubing is an aluminum alloy meeting the specifications for 6060. The grid plates are an aluminum alloy meeting the specifications for 5754. The weld nut fastener on each assembly meet the specifications for 6082 aluminum alloy. The applicable subheading for the structure of a wind turbine tower 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. 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 Mary Ellen Laker at (646) 733-3020. Sincerely, Thomas J. Russo Director National Commodity Specialist Division