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NY 849874



March 2, 1990

CLA-2-83:S:N:N1:113 849874

CATEGORY: CLASSIFICATION

TARIFF NO.: 8302.41.6060

Ms. Donna Wyzykowski
The Buffalo Customhouse Brokerage Co., Inc. Peace Bridge Plaza Warehouse
Buffalo, New York 14213

RE: The tariff classification of Security Burglar Bars from Canada.

Dear Ms. Wyzykowski:

In your letter dated February 20, 1990, on behalf of Churchill Mills Ltd., you requested a tariff classification ruling.

You provide a sample and description of the product. The security bar is an assembly of aluminum alloy tubing consisting of an outer and inner bar that can extend from 22" to approximately 36" in length. The outer bar has a series of holes which when aligned with the set of holes on the inner bar can be secured to a desired length with the provided bolt and nut. The locked bar is then placed into a window or sliding door runner to prevent their opening.

You suggest that the security bar is classifiable as a household article of aluminum in Chapter 76 of the Harmonized Tariff Schedule of the United States (HTS). We believe, however, that the security bar meets the definition of the term "parts of general use" as defined in Section XV, Note 2, HTS, and as such (by virtue of Note 2) is an article of Chapter 83 excluded from classification in Chapter 76.

The applicable subheading for the security bar will be 8302.41.6060, HTS, which provides for other iron, steel, aluminum, or zinc base metal fittings and mountings suitable for buildings. The duty rate will be 5.7 percent ad valorem.

Goods classifiable under subheading 8302.41.6060, HTS, which have originated in the territory of Canada, will be entitled to a 4.5 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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