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NY E87780




October 26, 1999

CLA-2-72:RR:NC:1:117 E87780

CATEGORY: CLASSIFICATION

TARIFF NO.: 7210.70.30; 7210.90.90; 7212.40.10; 7212.40.50; 7212.50.00; 7219.90.00; 7220.90.00

Mr. Craig M. Schau
Emery Customs Brokers
6940A Engle Road
Middleburg Heights, OH 44130

RE: The tariff classification of rubber coated steel sheet from Japan.

Dear Mr. Schau:

In your letter dated September 24, 1999 on behalf of Freudenberg NOK, you requested a tariff classification ruling. Descriptive literature and a representative sample of the product to be imported were submitted with your request.

The product to be imported is known as NOK Softmetal. There are two types of NOK Softmetal, rubber coated carbon steel sheet and rubber coated stainless steel sheet. These products will ultimately be used in the manufacture of brake shims and gaskets. The NOK Softmetal material is produced in the following manner. The carbon steel or stainless steel substrate is coated on both sides with a very thin layer of liquid adhesive which is dried. The dried adhesive surface is then coated with the desired thickness of liquid rubber and heat is applied to vulcanize the liquid rubber coating into a solid. The rubber surfaces are then coated with either graphite or resin to avoid sticking and to minimize sliding friction. These rubber coated steel sheets will be imported in various widths.

The Subheading Explanatory Notes to heading 7210 state that for the purpose of the subheadings of heading 7210, products subjected to more than one type of coating, plating, or cladding are to be classified according to the last process. The Subheading Explanatory Notes to heading 7212 state that the Explanatory Note to the subheadings of heading 7210 should be referred to in respect to products subjected to more than one type of coating, plating or cladding.

The applicable subheading for the rubber coated carbon steel sheet of a width of 600 mm or more which has been additionally coated with resin (plastic) will be 7210.70.30, Harmonized Tariff Schedule of the United States (HTS), which provides for flat-rolled products of iron or nonalloy steel, of a width of 600 mm or more, clad, plated or coated, painted, varnished or coated with plastics, not coated or plated with metal and not clad. The rate of duty will be 2.6 percent ad valorem.

The applicable subheading for the rubber coated carbon steel sheet of a width of 600 mm or more which has been additionally coated with graphite will be 7210.90.90, HTS, which provides for flat-rolled products of iron or nonalloy steel, of a width of 600 mm or more, clad, plated or coated, other, other, other. The rate of duty will be 3.2 percent ad valorem.

The applicable subheading for the rubber coated carbon steel sheet of a width of less than 600 mm but not less than 300 mm which has been additionally coated with resin (plastic) will be 7212.40.50, HTS, which provides for flat-rolled products of iron or nonalloy steel, of a width of less than 600 mm, clad, plated or coated, painted, varnished or coated with plastics, other. The rate of duty will be 2.6 percent ad valorem.

The applicable subheading for the rubber coated carbon steel sheet of a width of less than 300 mm which has been additionally coated with resin (plastic) will be 7212.40.10, HTS, which provides for flat-rolled products of iron or nonalloy steel, of a width of less than 600 mm, clad, plated or coated, painted, varnished or coated with plastics, of a width of less than 300 mm. The rate of duty will be 1.7 percent ad valorem.

The applicable subheading for the rubber coated carbon steel sheet of a width of less than 600 mm which has been additionally coated with graphite will be 7212.50.00, HTS, which provides for flat-rolled products of iron or nonalloy steel, of a width of less than 600 mm, clad, plated or coated, otherwise plated or coated. The rate of duty will be 3.2 percent

The applicable subheading for the rubber coated stainless steel sheet of a width of 600 mm or more which has been additionally coated with either resin or graphite will be 7219.90.00, HTS, which provides for flat-rolled products of stainless steel, of a width of 600 mm or more, other. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the rubber coated stainless steel sheet of a width of less than 600 mm which has been additionally coated with either resin or graphite will be 7220.90.00, HTS, which provides for flat-rolled products of stainless steel, of a width of less than 600 mm, other. The rate of duty will be 2.8 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 Paula Ilardi at 212-637-7016.

Sincerely,

Robert B. Swierupski
Director,

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