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NY A84481




June 12, 1996

CLA-2-40:RR:NC:TP:221 A84481

CATEGORY: CLASSIFICATION

TARIFF NO.: 4016.99.6050

Mr. Manfred F. Reichel
Semperit Industrial Products, Inc.
220 Kinderkamack Road, Suite B
Westwood, NJ 07675-3601

RE: The tariff classification of an escalator handrail from Austria.

Dear Mr. Reichel:

In your letter dated June 5, 1996, you requested a tariff classification ruling.

The handrail consists of an extruded styrene butadiene rubber cover, a rubber coated fabric strip, rubber coated steel cord, a rubber insert strip, and a rubber coated textile fabric. The layers are bonded together and molded into shape. The handrail may be supplied as an endless loop or in lengths on a coil.

You suggest classification in subheading 8431.31.0040, Harmonized Tariff Schedule of the United States (HTS), as a part of an escalator. However, legal note 1 (a) to Section XVI, which is the section covering escalators and parts, precludes from classification therein articles of a kind used in machinery or mechanical or electrical appliances or for other technical uses, of vulcanized rubber other than hard rubber.

The applicable subheading for the escalator handrail will be 4016.99.6050, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of vulcanized rubber other than hard rubber, other. The duty rate will be 4.2 percent ad valorem.

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 the ruling, contact National Import Specialist Joan Mazzola at 212-466-5580.

Sincerely,

Roger J. Silvestri
Director

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