The tariff classification of an aluminum brace from China

N237769 February 8, 2013 CLA-2-73:OT:RR:NC:N1:113 CATEGORY: Classification TARIFF NO.: 7616.99.5090 Mr. John Hubers Agility Logistics Corp. 3505 Naturally Fresh Blvd., Suite 340 Atlanta, GA 30349 RE: The tariff classification of an aluminum brace from China Dear Mr. Hubers: In your letter dated January 23, 2013, on behalf of Sunpower Corporation Systems, you requested a tariff classification ruling. A sample of the subject brace was submitted for our review. The sample will be returned to you as requested. The article under consideration is described in your letter as an Alloyed Aluminum Brace, Interior, Clamping Base, 46mm, Halo that is designed to hold panels together. After the panels are assembled they are bolted on standard feet which are attached to the roof. You stated that the brace in question is not designed to secure the array to the roof, although in some cases it can be used as a mounting point that is bolted to a standard foot. You suggested classification for the aluminum brace in subheading 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. However, based on the function of this product, our office has determined that the subject brace is not part of a structure. Therefore, subheading 7610.90.0080, HTSUS, is not applicable. The applicable heading for the aluminum brace will be 7616, HTSUS, which provides for other articles of aluminum. The applicable subheading for the aluminum brace will be 7616.99.5090, HTSUS, which provides for other articles of aluminum, other, other, other, other, other, other. The rate of duty will be 2.5 percent ad valorem. You have asked whether this product is 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://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