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NY 877970




September 24, 1992

CLA-2-40:S:N:N3D:221 877970

CATEGORY: CLASSIFICATION

TARIFF NO.: 4016.99.5050; 8803.30.0010

Mr. Norman B. Walker
Aries Consulting, Ltd.
601 Wythe Street, Suite 300
Alexandria, VA 22314

RE: The tariff classification of rubber fuel cells from Italy.

Dear Mr. Walker:

In your letter dated Augut 20, 1992, you requested a tariff classification ruling.

The fuel cells are rubber bladders of various sizes which function as internal containers for fuel in aircraft. They vary in size, volume, and cell wall thickness. The cell wall is constructed of layers of nitrile rubber in which sheets of reinforcing nylon have been embedded through a calendering process with bonding adhesives and an ozone-resistant layer. Some self-sealing cells have additional layers of natural rubbers to seal penetrations. Fittings of anodized aluminum are integrally bonded in the construction process. The unit is then placed in an autoclave and vulcanized. In no case does the textile portion comprise more than 30 percent by weight of the construction. The fittings vary in size and number, according to the aircraft type, and serve as the interface with the aircraft plumbing.

You have submitted three sample swatches to represent the three basic types of cell wall construction and have provided the weight specifications of each. The rubber/textile fabric in the standard bladder weighs 760 grams per square meter, with the rubber portion weighing 600 grams. The rubber/textile fabric of the self-sealing fuel cells weighs 4480 grams per square meter, with the rubber portion weighing 3920 grams. The rubber/textile fabric of the crash-resistant fuel cells weighs 4145 grams per square meter, with the rubber portion weighing 2225 grams. The rubber/textile material of the standard bladder is considered to be a rubberized textile fabric for tariff purposes. The rubber/textile material of the self-sealing and crash-resistant fuel cells is considered to be a rubber for tariff purposes.

The applicable subheading for the rubberized fabric standard bladder fuel cells will be 8803.30.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for parts of goods of heading 8801 or 8802, other, for use in civil aircraft. This provision is free of duty.

The applicable subheading for the rubber self-sealing and crash- resistant fuel cells will be 4016.99.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of vulcanized rubber other than hard rubber, other. The rate of duty will be 5.3 percent ad valorem.

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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