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NY J88130




September 17, 2003

CLA-2-40:RR:NC:SP:221 J88130

CATEGORY: CLASSIFICATION

TARIFF NO.: 4016.99.6050

Ms. Deborah W. Lee
Metro Textile Inc.
4 Hutton Centre Drive
Suite 150
Santa Ana, CA 92707

RE: The tariff classification of rubber ties from Taiwan, China, Thailand or Vietnam.

Dear Ms. Lee:

In your letter dated August 19, 2003, you requested a tariff classification ruling.

The two samples submitted with your letter are identified as rubber ties. Each tie consists of a strip of elastomeric material with a three-pronged projection on one end designed to fit into a slot at the other end. One tie has one slot. The other tie has three slots for an adjustable fit. The ties are used for securing items together. You have given contradictory information on the phone about the type of rubber comprising the ties. In one of those phone conversations you described the rubber as synthetic. The classification given below applies to ties made of rubber that meets the definition of synthetic rubber in Chapter 40 note 4(a).

The samples are being returned as you requested.

The applicable subheading for ties made of synthetic rubber 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. 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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