CLA-2-76:OT:RR:NC:1:117
Mr. Brian Kavanaugh
Deringer Logistics Consulting Group
173 West Service Road
Champlain, NY 12919
RE: The tariff classification of aluminum grade rod components from China.
Dear Mr. Kavanaugh:
In your letter dated May 26, 2011, on behalf of LaserLine MFG Inc., you requested a tariff classification ruling. Representative samples were submitted with your request and will be returned to you.
The products to be imported are three aluminum extrusions which you have described as components of a Grade Rod, a surveying instrument. The components are identified by Part Numbers 1000-1020-(x), Rear Rod Housing, 1000-1021-(x), Front Rod Housing, and 1000-1032-(x), rail. Each of these items is available in four different lengths ranging from 10 ft to 5m and will be comprised of 6063-T6 aluminum alloy.
We agree that the complete grade rods would be classified in subheading 9015.80.80, Harmonized Tariff Schedule of the United States (HTSUS). Although you do not explicitly state it, from the information you sent, it appears that a tape with imprinted linear measurements will be attached to a component of the complete item. They are used in surveying large areas in combination with, but not as components of, other optical surveying equipment. Harmonized System Explanatory Note I to 9015 indicates that “other special measures for surveying” include similar items such as “pickets or ranging poles, whether or not graduated (of metal, wood, etc.), levelling staves (self reading, telescopic, folding, etc.)…”
You suggest classification of all three components in 9015.90.0090, HTSUS, as parts of surveying instruments and appliances.
In general, separately imported parts, if identifiable as suitable for use solely or principally as parts of this kind of device (see General Harmonized System Explanatory Note III to Chapter 90) or of this particular item (see Headquarters Ruling Letter 965546, 8-6-02), are classified in its heading if not excluded from HTSUS Chapter 90 by its Note 1 or 2(a) or by HTSUS Additional U.S. Rule of Interpretation 1(c) (see Headquarters Ruling Letters 965968, dated December 16, 2002, and 967233, dated February 18, 2005).
The component identified as the Rear Rod Housing, Part Number 100-1020-(x), is a hollow aluminum rod measuring approximately six feet in length and one inch in width. You state that the rod is specially designed for assembly into optical grade rods used in surveying. The rod has pre-cut holes and a slot that will allow for other components of the grade rod to be fastened to it, as made evident by the exploded view diagram of the grade rods and their components included with your submission. We take it that, if requested, you could provide an engineering drawing of the Rear Rod, prepared by the importer or their agent.
With regard to the Rear Rod, we have determined that it is not described, per se, by a specific heading and that the other exclusions to HTSUS Chapter 90 do not apply.
The applicable subheading for the Rear Rod will be 9015.90.0090, HTSUS, which provides for, inter alia, parts and accessories of "other" surveying instruments and appliances. Since the “rate applicable” to it is derived from 9015.80.80, its rate of duty will be free.
Regarding the other two components, the Front Rod Housing, Part Number 1000-1021-(x), is a hollow rectangular profile shape having two drill holes on each end and the rail, Part Number 1000-10320-(x), is a profile shape. In their imported condition, these products are considered to be nothing more than profiles as they have not assumed the character of articles of another heading.
The applicable subheading for the Front Rod Housing will be 7604.21.0000, HTSUS, which provides for aluminum bars, rods and profiles, of aluminum alloys, hollow profiles. The rate of duty will be 1.5 percent ad valorem.
The applicable subheading for the rail will be 7604.29.1000, HTSUS, which provides for aluminum bars, rods and profiles, of aluminum alloys, other, other profiles. The rate of duty will be 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/
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 Chapter 76 merchandise, contact National Import Specialist Mary Ellen Laker at (646) 733-3020. For questions regarding Chapter 90, contact National Import Specialist Jim Sheridan at 646-733-3012.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division