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NY N019359




December 3, 2007

CLA-2-85:OT:RR:E:NC:N1:109

CATEGORY: CLASSIFICATION

TARIFF NO.: 8517.70.0000

Ms. Cynthia A. DeGrange
Dept Specialist Import Compliance
Hughes Network Systems, LLC
11717 Exploration Lane
Germantown, MD 20876

RE: The tariff classification of a connector seal, a battery door seal, and a main gasket from Malaysia

Dear Ms. DeGrange:

In your letter dated November 2, 2007 you requested a tariff classification ruling.

The merchandise subject to this ruling is a connector seal, a battery door seal, and a main gasket. These parts go into a Hughes BGAN (Broadband satellite IP terminal with WLAN access). They are made of silicone rubber and designed and molded for specific use in the BGAN units. The BCAN units are mobile communications packages that include an IP broadband satellite IP modem and tracking antenna, which is transmission and reception apparatus. As such, the connector seal, battery door seal, and main gasket are parts that are utilized in this transmission and reception apparatus.

The seals are made of silicone, which you describe as rubber, and you suggest classification of the connector seal, battery door seal, and main gasket in subheading 4016.93 of the Harmonized Tariff Schedule of the United States (HTSUS), as other articles of vulcanized rubbergaskets, washers and other seals. Silicone is a saturated substance that does not meet the definition of synthetic rubber in Note 4 to Chapter 40, HTSUS. Silicone products are considered to be of plastics for tariff classification purposes. Therefore classification in any of the provisions of Chapter 40 is inapplicable. Alternatively, you also suggested that the classification of the connector seal, battery door seal, and main gasket is subheading 3926.90, HTSUS, which provides for “Other articles of plastics or other materials of 3901 to 3914: Other: Other: Other.” However, the connector seal, battery door seal, and main gasket are more specifically provided for as parts of apparatus for transmission or reception under heading 8517. As such, HTSUS number 3926.90 is inapplicable.

The applicable subheading for the data connector seal, battery door seal, and main gasket will be 8517.70.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Parts of other apparatus for transmission or reception of voice images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network).” The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Linda M. Hackett at 646-733-3015.

Sincerely,

Robert B. Swierupski
Director,

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