NY I80173 - The tariff classification and status under the North American Free Trade Agreement (NAFTA), of rubber speed bumps and parking curbs from Canada; Article 509. - United States International Trade Commision Rulings

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NY I80173

May 2, 2002

CLA-2-40:RR:NC:SP:221 I80173

CATEGORY: CLASSIFICATION

TARIFF NO.: 4016.99.6050

Ms. Darlene DiBernardo
Deringer Logistics Consulting Group
1 Lincoln Blvd., Suite 225
Rouses Point, NY 12979

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of rubber speed bumps and parking curbs from Canada; Article 509.

Dear Ms. DiBernardo:

In your letter dated April 1, 2002, on behalf of GNR Technologies Inc., you requested a ruling on the status of rubber speed bumps and parking curbs from Canada under the NAFTA.

Photos were included with your letter. The speed bumps and parking curbs are made from rubber particles recovered from car and truck tires that were accumulated in the NAFTA territory. The rubber is processed into rubber mesh/particles with the metal impurities removed. This recycled rubber is then used in producing the speed bumps and parking curbs. The speed bumps and parking curbs will be imported with zinc plated lag bolts made in Taiwan. In such instances, the lag bolts are classified with the speed bumps and parking curbs. The lag bolt is threaded, and has a hexagonal head. The shank is 12.7 millimeters. In some instances, the lag bolts will be shipped separately, or in excess of, the speed bumps and parking curbs. In such instances, the lag bolts are separately classified.

The applicable tariff provision for the rubber speed bumps (including the appropriate number of lag bolts) will be 4016.99.6050, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other articles of vulcanized rubber other than hard rubber: other: other. The general rate of duty will be 2.5 percent ad valorem.

The applicable subheading for the lag bolts, when imported separately or in excess quantities, will be 7318.11.0000, HTSUSA, which provides for screws, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotter pins, washers (including spring washers) and similar articles, of iron or steel: threaded articles: coach screws. The general rate of duty will be 12.5 percent ad valorem.

Each of the non-originating materials used to make the speed bumps and parking curbs has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/40.14. The speed bumps and parking curbs (and an appropriate number of lag bolts when imported with the speed bumps and parking curbs) will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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