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NY M85264

August 09, 2006

CLA-2-90:RR:NC:N1:105 M85264


TARIFF NO.: 4016.99.6050, 9031.90.9095

Ms. Roxane Peiffer
Norman G. Jensen, Inc.
3050 Metro Drive, Suite 300
Minneapolis, MN 55345

RE: The tariff classification of Reset Covers from Taiwan

Dear Ms. Peiffer:

In your letter dated July 21, 2006, for Midwest Rubber Service & Supply Co., you requested a tariff classification ruling. Four samples were submitted.

You state, “The item is a reset cover for filter monitoring products. It will be put on various filter gauges – air, oil, or fuel. The filter gauges measure and remember the highest restriction at maximum air flow, fuel/oil flow. The filter gauge will indicate when it is time to change the filter.

The reset cover is made of ‘Santoprene’ – a thermoplastic elastomer which is vulcanized in the molding process.

The reset cover pushes down a plunger or plastic pin which resets the filter monitor.”

The samples are hollow, molded pieces in various colors, about 1 inch in diameter, with “Push to Reset” molded in. They weigh much less than 1 ounce each.

The purpose of the filter monitor is to check and indicate if the filter is too clogged to perform well its intended function.

Separately imported parts, if identifiable as parts of a kind of device (see General Harmonized System Explanatory Note III to Chapter 90) or of a particular item (see Headquarters Ruling Letter 965546, 8-2-02), are classified in its heading if not excluded from HTSUS Chapter 90 by its Note 1 or 2-a or by HTSUS Add. US Rule of Interpretation 1-c (see HRLs 965968, 12-16-02, and 967233, 2-18-05.)

Since you have attached a copy of the engineering drawings for these pieces, showing that they were made to your specifications, they are identifiable as parts of your filter monitors per HRL 965546.

We first consider whether it is excluded from classification in HTSUS Chapter 90 by its Note 1, specifically its Note 1-a as “Articles of a kind used in machines, appliances or for other technical uses, of vulcanized rubber other than hard rubber (heading 4016)”

You indicate that the reset covers are made of Santoprene®. Santoprene® is a thermoplastic elastomer that generally does not meet the tariff definition of synthetic rubber in Note 4(a) of Chapter 40, HTSUS. The note describes synthetic rubber as "unsaturated synthetic substances which can be irreversibly transformed by vulcanization with sulfur into non-thermoplastic substances which, at a temperature between 18 and 29 degrees C, will not break on being extended to three times their original length, and will return, after being extended to twice their original length, within a period of 5 minutes, to a length not greater than 1 1/2 times their original length."

The applicable subheading for the reset covers, if they meet the tariff definition of rubber above, will be 4016.99.6050, HTSUS, which provides for other articles of vulcanized rubber other than hard rubber, other. The rate of duty will be 2.5 percent ad valorem.

They do not appear to be excluded from HTSUS Chapter 90 by its Note 2-a or by HTSUS Add. US Rule of Interp. 1-c.

The applicable subheading for the reset covers, when they do not meet tariff definition of rubber above, will be 9031.90.9095, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other” parts and accessories of non-“optical” measuring or checking instruments, appliances, and machines, not specified or included elsewhere in Chapter 90. The rate of duty will be 1.7 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 vulcanized elastomer material, contact National Import Specialist J. Mazzola at 646-733-3023. If you have any other questions regarding the ruling, contact National Import Specialist J. Sheridan at 646-733-3012.


Robert B. Swierupski

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