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NY F84804




April 7, 2000

CLA-2-39:RR:NC:SP:221 F84804

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880; 4016.99.6050; 6307.90.9989

Mr. Christopher T. Wyffels
Ergodyne Corporation
1410 Energy Park Drive, Suite One
Saint Paul, MN 55108

RE: The tariff classification of kneepads from Taiwan.

Dear Mr. Wyffels:

In your letter dated March 15, 2000, you requested a tariff classification ruling.

Three samples were included with your letter. All are kneepads designed to protect workmen while kneeling on hard, slippery or abrasive surfaces. The kneepads are designed to reduce contact stress and pressure points. Model #230 is a kneepad constructed with a ½ inch thick foamed plastic cushion in a textile shell. Two woven elastic straps, one with an adjustable “VELCRO” type closure, wrap around the knee to hold the pad in place. Model #300 is a hard cap kneepad constructed with a ½ inch thick neoprene rubber cushion in a textile shell. Two adjustable straps, one of woven elastic, buckle around the knee to hold the pad in place. This model has a hard plastic cap, which provides additional protection to the knee and allows for swiveling and pivoting during continuous on-the-ground jobs. Model #335 is a slip resistant hard cap kneepad constructed with a ½ inch thick neoprene cushion in a textile shell. Two adjustable straps, one of woven elastic, buckle around the knee to hold the pad in place. This model has a slip-resistant rubber cap that provides additional protection to the knee and grips the work surface for stability.

The applicable subheading for model #230, the soft kneepad without any protective cap, will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles...Other. The rate of duty will be 7 percent ad valorem.

The applicable subheading for model #300, the kneepad with the protective plastic cap, will be 3926.90.9880, HTS, which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for model #335, the kneepad with the neoprene rubber cushion and rubber cap, will be 4016.99.6050, HTS, which provides for other articles of vulcanized rubber other than hard rubber, other. The rate of duty will be 2.5 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 212-637-7034.

Sincerely,

Robert B. Swierupski
Director,

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