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NY 880555




December 1, 1992

CLA-2-40:S:N:N6:221 880555

CATEGORY: CLASSIFICATION

TARIFF NO.: 4008.21.0000; 4008.29.0000; 4009.10.0000

Mr. Matthew Chang
Itochu International Inc.
335 Madison Avenue
New York, NY 10017

RE: The tariff classification of rubber strips, rods, profiles and tubes from Japan.

Dear Mr. Chang:

In your letter dated November 17, 1992, you requested a tariff classification ruling.

The product, described as "Hydrotite," consists of vulcanized chloroprene rubber shapes, used as seals, which swell when they come in contact with water. The product is imported in continuous lengths, with a uniform cross-section throughout. Literature depicting the cross-sections of various seals was submitted with your letter. Styles SS single structure seals, DSS and HS composite structure seals, and MJ composite structure seals for special application have cross-sections in the shape of a solid rectangle. Styles RSS single structure seals and RSS composite structure solid seals have the cross-section of a solid rod. Style RSS composite structure hollow seals have the cross- section of a hollow tube. Styles RS single structure seals, MJ composite structure seals for special joints, and DS, DSH, CJ, BHII and JH composite-structure seals have complex cross- sections which are considered to be profile shapes.

You request classification in subheading 4016.93.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of vulcanized rubber other than hard rubber...gaskets, washers and other seals. Heading 4016 only covers articles other than those provided for in headings which appear earlier in HTS chapter 40. Since the instant articles are imported in the form of rectangular solids, tubes, rods and profile shapes, all of which are provided for in headings prior to heading 4016, these articles cannot be classified in a provision for "other" articles.
The applicable subheading for the seals in the shape of rectangular solids will be 4008.21.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for plates, sheets, and strip, of vulcanized rubber other than hard rubber, of noncellular rubber. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the seals in the shape of solid rods or profile shapes will be 4008.29.0000, HTS, which provides for rods and profile shapes, of vulcanized rubber other than hard rubber, of noncellular rubber. The rate of duty will be 5.8 percent ad valorem.

The applicable subheading for the seals in the shape of hollow tubes will be 4009.10.0000, HTS, which provides for tubes, pipes and hoses, of vulcanized rubber other than hard rubber, not reinforced or otherwise combined with other materials, without fittings. The rate of duty will be 3.1 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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