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NY L83633




April 15, 2005

CLA-2-40:RR:NC:N2:221 L83633

CATEGORY: CLASSIFICATION

TARIFF NO.: 4016.99.3500; 4016.99.6050

Ms. Shelley Vybiral
Lord Corporation
2000 West Grandview Blvd.
Erie, PA 16509

RE: The tariff classification of mounts from China.

Dear Ms. Vybiral:

In your undated letter, which was received in this office on March 28, 2005, you requested a tariff classification ruling.

You submitted information on various types of mounts. The miniature series mounts, MGN series, are made of rubber and metal (steel or brass). They are used to reduce noise and vibration in various lightweight applications, such as circuit boards, instruments and sensors. You state that the rubber used will be natural rubber.

The remaining mounts are made of silicone elastomer and metal (aluminum, steel or brass). These are used to reduce noise and vibration in applications such as circuit boards, instruments, sensors, business machines, medical equipment, industrial machines, engines, aircraft and vehicles. The samples will be returned as you requested.

The applicable subheading for the miniature series mounts, MGN series, when made of natural rubber, will be 4016.99.3500, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of vulcanized rubber other than hard rubber: other: of natural rubber: other. The rate of duty will be free.

The applicable subheading for the miniature series mounts, MGN series, when made of synthetic rubber such as neoprene or NBR, will be 4016.99.6050, HTS, which provides for other articles of vulcanized rubber other than hard rubber: other: other: other. The rate of duty will be 2.5 percent ad valorem.

You suggest that the mounts made of silicone and metal are parts of general use, of plastics, and should be classified in subheading 3926.90.9880, HTS, as other articles of plastics, other. Note 1(g) to Section XVI and Note 2(b) to Section XVII of the HTS preclude from classification therein parts of general use of base metal as defined in note 2 to Section XV and similar goods of plastics. Parts of general use are defined in Section XV of the HTS as goods of certain descriptions and headings. The instant mounts are not similar goods to the products identified as parts of general use in note 2 to section XV and thus may be classified in the provisions of Section XVI and XVII if they meet the terms of the headings.

Your inquiry does not provide enough information for us to give a classification ruling on the mounts made of silicone and metal. Your request for a classification ruling should include complete information on the type of machine or apparatus with which each mount is used. Describe any features that would dedicate or limit the function of each of the mounts you are importing. Provide any information you have that would assist in determining the principal use in the United States of the class or kind of merchandise to which each mount belongs. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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.

Sincerely,

Robert B. Swierupski
Director,

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