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NY 869247

December 17, 1991

CLA-2-39:S:N:N3G:221 869247


TARIFF NO.: 3926.90.9090

Mr. Orval Baskerville
Canadian Custom Protect Ear Inc.
#70A - 15515-24th Avenue
White Rock, B.C. V4A 2J4, Canada

RE: The tariff classification of a silicone hearing protector from Canada.

Dear Mr. Baskerville:

In your letter dated October 24, 1991, and received in this office on November 29, 1991, you requested a tariff classification ruling.

The hearing protector (code name Silastic/MDX-4-4210) is composed of a silicone elastomer. It is designed to be placed in the ear to protect the user from loud noises. Each protector is personally fitted. Silicone is considered a plastics material for tariff purposes.

The applicable subheading for the hearing protector will be 3926.90.9090 Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

Goods classifiable under subheading 3926.90.9090, HTS, which have originated in the territory of Canada, are presently entitled to a 3.7 percent ad valorem rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations. In 1992 such goods will be entitled to a 3.1 percent ad valorem rate of duty.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).


Jean F. Maguire
Area Director

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