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NY 885578





May 13, 1993

CLA-2-40:S:N:N6:221 885578

CATEGORY: CLASSIFICATION

TARIFF NO.: 4016.99.5050

Mr. Jerry Goldberg
The Terramat Corporation
462 Arbor Circle
Youngstown, Ohio 44505

RE: The tariff classification of road and blasting mats and safety barricade weights from Canada.

Dear Mr. Goldberg:

In your letter dated April 10, 1993, you requested a tariff classification ruling.

The portable road mats, known as "Terra Mats," are made up of recycled scrap truck tire sidewalls connected together to form a road surface so that trucks can travel across sand, wetlands, marshes and other soft grounds to reach construction sites. The Terra Mats are available in sections measuring 5 1/4 feet in width by 10 1/2 feet in length. In addition to providing a surface for trucks, the mats also prevent erosion of earth surfaces.

The blasting mats are made from the treads of truck tires connected in two layers that are perpendicular to each other. They are used to prevent "fly rock" from escaping areas where dynamiting is in progress.

The safety barricade weight is made up of truck tire sidewalls that are cut and removed from scrap truck tires. The weights, which are roughly donut shaped, are used to support and hold safety barricades in place.

The applicable subheading for the road and blasting mats and the safety barricade weights 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.

Goods classifiable under subheading 4016.99.5050, HTS, which have originated in the territory of Canada, will be entitled to a 2.6 percent ad valorem rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable 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.

Sincerely,

Jean F. Maguire
Area Director

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