NY 887663 - The tariff classification of a rubber diaphragm from India. - United States International Trade Commision Rulings

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NY 887663

July 26, 1993

CLA-2-40:S:N:N6:221 887663

CATEGORY: CLASSIFICATION

TARIFF NO.: 4016.99.2500

Mr. Paul Drews
Paul Drews Associates, Inc.
103 Jamaica Street
Tiburon, CA 94920-1008

RE: The tariff classification of a rubber diaphragm from India.

Dear Mr. Drews:

In your letter dated June 15, 1993, you requested a tariff classification ruling.

The diaphragm is part of a spring brake system for truck- tractors, buses and truck-trailers. The diaphragm is composed of natural rubber with a nylon fabric interlace. According to a Customs lab report, the rubber accounts for 91 percent of the weight and the nylon the remaining 9 percent. The material weighs 3719 grams per square meter.

The applicable subheading for the diaphragm will be 4016.99.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of vulcanized rubber other than hard rubber...of natural rubber. The rate of duty will be 4.2 percent ad valorem.

The Generalized System of Preferences (GSP) expired at midnight July 4, 1993. There is the possibility that legislation will be enacted that will renew GSP retroactively to its date of expiration. In the event that this occurs, articles classifiable under subheading 4016.99.2500, HTS, which are products of India, are entitled to duty free treatment under GSP 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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