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NY K82215

January 9, 2004
CLA-2-40:RR:NC:SP:221 K82215


TARIFF NO.: 4008.11.5000; 4009.11.0000

Ms. Cecilia Castellanos
Western Overseas Corporation
1855 Coronado Avenue
Long Beach, CA 90804

RE: The tariff classification of insulation sheets and tubes from Thailand or Indonesia.

Dear Ms. Castellanos:

In your letter dated December 24, 2003, on behalf of Aeroflex USA Inc., you requested a tariff classification ruling.

Two samples were submitted with your request. The articles are identified as closed cell insulation products used in heating, air conditioning and refrigeration applications where heat loss and condensation control are required. The products are made of cellular vulcanized synthetic rubber consisting essentially of ethylene propylene diene monomer (EPDM) and butyl rubber. The insulation material will be imported in the form of tubes and sheets with thicknesses up to two inches.

The applicable subheading for the Aerocel sheets will be 4008.11.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for plates, sheets, strip, rods and profile shapes, of vulcanized rubber other than hard rubber: of cellular rubber: plates, sheets and strip: other. The rate of duty will be 3.3 percent ad valorem.

The applicable subheading for the Aerocel tubes will be 4009.11.0000, HTS, which provides for tubes, pipes and hoses, of vulcanized rubber other than hard rubbernot reinforced or otherwise combined with other materials: without fittings. The rate of duty will be 2.5 percent ad valorem.

Articles classifiable under subheading 4008.11.5000, HTS, or 4009.11.0000, HTS, which are products of Thailand or Indonesia may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

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 Joan Mazzola at (646) 733-3023.


Robert B. Swierupski

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