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NY L81421




December 17, 2004

CLA-2-40:RR:NC:SP:221 L81421

CATEGORY: CLASSIFICATION

TARIFF NO.: 4016.93.1050

Mr. Jesse Pangilinan
BMW of North America
P.O. Box 1227
Westwood, New Jersey 07675-1227

RE: The tariff classification of an automobile gasket from Germany.

Dear Mr. Pangilinan:

In your letter dated December 6, 2004, you requested a tariff classification ruling.

A sample was provided with your letter. The gasket (Part No. 11141435023) is composed of natural rubber. It attaches to the upper timing case and functions as a seal, keeping engine oil from leaking out of the timing case, while it helps to reduce the vibration on the timing case. As you requested, the sample is being returned.

The applicable subheading for the 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 87, 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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