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NY 868525

January 14, 1992

CLA-2-39:S:N:N3G:221 868525


TARIFF NO.: 4016.99.5050; 9817.00.6000

Ms. Violet A. MacLaughlin
Conewango Products Corp.
128 Main Street
Randolph, NY 14772

RE: The tariff classification of milking machine parts from New Zealand.

Dear Ms. MacLaughlin:

In your letter dated November 1, 1991, you requested a tariff classification ruling.

Style IB-MT (milk tube), style ID-SC (sanicap) and styles IB-R2BS, ID-03T and ID-01A (inflations) are all types of milker inflations, also referred to as milker liners or teat cup liners. These liners will be inserted into stainless steel or plastic shell teat cups, and the resulting assembly is attached to the cow's teats, and used as part of a milking system. Based on cost breakdowns provided by the manufacturer, and lab analysis performed by the New York Customs Laboratory, these inflations are made predominantly of synthetic rubber.

The applicable subheading for the rubber inflations will be 4016.99.5050, 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 5.3 percent ad valorem.

A special duty free classification provision under subheading 9817.00.6000, HTS, covers parts to be used in articles provided for in headings 8432, 8433, 8434 and 8436, whether or not such parts are principally used as parts of such articles and whether or not covered by a specific provision within the meaning of additional U.S. rule of interpretation 1 (c). The subject milking machine parts would qualify for such duty free consideration upon the submission of actual use certification, as provided in Section 10.131-139 of the Customs Regulations.

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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