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NY E80144

April 29, 1999

CLA-2-68:RR:NC:2:226 E80144


TARIFF NO.: 6813.10.0050

Mr. J. Patrick Little
Little Industries
P.O. Box 4283
Greenville, DE 19807-4283

RE: The tariff classification of brake linings from Japan

Dear Mr. Little:

In your letter dated March 31, 1999, you requested a tariff classification ruling.

You indicated in your letter that the subject merchandise, “Brake Linings”, consists essentially of asbestos and will be imported into the United States in an unmounted condition. You further stated that the item would principally be used as replacement brake linings for Japanese mid-size trucks.

In your presentation, you suggested that this article should be classified under 8708.31.50, Harmonized Tariff Schedule of the United States (HTS), which provides for brakes and servo-brakes and parts thereof: mounted brake linings: for other vehicles. However, your letter indicates that the brake linings are essentially composed of asbestos and are not mounted. Therefore, subheading 8708.31.50, HTS, does not apply.

The applicable subheading for the unmounted brake linings will be 6813.10.0050, HTS, which provides for friction material and articles thereof, not mounted, for brakes, with a basis of asbestos, of other mineral substances or of cellulose, whether or not combined with textile or other materials: brake linings and pads: other. The rate of duty will be free.

Your letter raises the following three questions:

1. Is the product subject to quota/visa requirements? 2. Is the product subject to anti-dumping or countervailing duties? 3. Is the product regulated by other government agencies?

There are no quota/visa requirements for this provision. This merchandise is not subject to anti-dumping or countervailing duties. With regard to question #3, you should contact the U.S. Department of Transportation (DOT) since this product will be used in a vehicle. You should also contact the U.S. Environmental Protection Agency (EPA) and the Consumer Products Safety Commission (CPSC) since this product contains asbestos. However, any questions regarding quota/visa and dumping duties should be directed to the Import Specialist at the port of entry.

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 Jacob Bunin at 212-637-7074.


Robert B. Swierupski

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