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NY J84672




June 12, 2003

CLA-2-40:RR:NC:SP:221 J84672

CATEGORY: CLASSIFICATION

TARIFF NO.: 4016.10.0000

Ms. Judy L. Cook
TG North America Corporation
1095 Crooks Road
Troy, Michigan 48084

RE: The tariff classification of foamed EPDM seals from Canada.

Dear Ms. Cook:

In your letter dated May 13, 2003, you requested a tariff classification ruling.

Samples were provided with your ruling. Part no. 53383-08020 and Part 1202001830 are seals for a hood top. Part no. 1202002670 is a called a “Seal LH” and is assembled to a car door. All three seals are composed of foamed ethylene propylene diene monomer (EPDM) rubber. None of these seals have a repeating or constant cross-section.

You suggest classification in subheading 4016.93.1050, which provides for rubber seals. However, the instant seals are composed of foam or cellular rubber, and such products when composed of foam or cellular rubber are more specifically provided for in subheading 4016.10.0000.

The applicable subheading for the EPDM foam weatherstrip seals will be 4016.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of vulcanized rubber other than hard rubber: of cellular rubber. The rate of duty will be free.

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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