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NY L80548




November 29, 2004
CLA-2-40:RR:NC:SP:221 L80548

CATEGORY: CLASSIFICATION

TARIFF NO.: 4016.93.1050; 4016.99.6050

Mr. Craig M. Schau
Menlo Worldwide Trade Services
6940 Engle Road, Suite A
Middleburg Heights, OH 44130

RE: The tariff classification of rubber bellows and gaskets from Japan.

Dear Mr. Schau:

In your letter dated October 21, 2004, on behalf of Freudenberg-NOK, you requested a tariff classification ruling.

Two samples were submitted with your request. Part Number 10B7534038800 is described as a molded rubber bellows. Part Number 10B7544038000 is described as a molded rubber cup gasket. Both parts are made of nitrile butadiene rubber. After importation the bellows and gasket will be assembled to form a mechanical seal for an automotive water pump.

The samples are being returned as you requested.

You suggest classification in subheading 8413.91.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for parts of pumps. Subheading 8413.91.9010 is in Section XVI of the HTS. Legal Note 1 (a) to Section XVI states that the section does not cover “other articles of a kind used in machinery or mechanical or electrical appliances or for other technical uses, of vulcanized rubber other than hard rubber (heading 4016).” Since the bellows and gaskets are made of vulcanized rubber other than hard rubber, and are provided for in heading 4016, they are precluded from classification in any of the chapters of Section XVI.

The applicable subheading for the cup gasket will be 4016.93.1050, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of vulcanized rubber other than hard rubber: gaskets, washers and other seals: of a kind used in the automotive goods of chapter 87other. The rate of duty will be 2.5 percent ad valorem.

The applicable subheading for the bellows will be 4016.99.6050, 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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