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NY 879723

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October 30, 1992

CLA-2-40:S:N:N3D:221 879723

CATEGORY: CLASSIFICATION

TARIFF NO.: 4016.99.5050

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

RE: The tariff classification of a rubber helicopter fuel cell from Italy.

Dear Mr. Walker:

In your letter dated October 23, 1992, you requested a tariff classification ruling.

The crash-resistant fuel cell is used for the modification and upgrade of a helicopter fuel system. 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 lacquer. The inner and outer layers are rubber. Anodized aluminum fittings are bonded in the lay-up state, and the entire cell is then placed in an autoclave and vulcanized. The rubber/textile material weighs 4145 grams per square meter, and has a rubber content of 2225 grams. This construction is considered to be a rubber for tariff purposes.

The applicable subheading for the rubber crash-resistant fuel cell 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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