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NY H85592





November 19, 2001

CLA-2-40:RR:NC:SP:221 H85592

CATEGORY: CLASSIFICATION

TARIFF NO.: 4016.99.6050

Ms. Maryse Rey
InteSys Technologies, Inc.
1300 North Fiesta Blvd.
Gilbert, AZ 85233-1604

RE: The tariff classification of a rubber audio seal from Singapore.

Dear Ms. Rey:

In your letter dated September 18, 2001, you requested a tariff classification ruling.

The sample provided with your letter, identified as an “audio seal” (Part Number M-3285550C01, InteSys #901-004), is composed of butyl rubber. It is for use in cellular phones and functions to prevent outside noise from interfering with or affecting the performance of the phone.

You suggest classification in subheading 4016.93.5050, HTS, which provides for other articles of rubber other than hard rubbergaskets, washers and other seals. However, the seals of 4016.93.5050 function to prevent the passage of matter, not sound.

The applicable subheading for the rubber audio seal 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: 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 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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