CLA-2-40:OT:RR:E:NC:N4:421

Mr. Dwight Voakes
Cooper Standard Automotive Inc.
39550 Orchard Hill Place Drive
Novi, MI 48375

RE: The tariff classification of EPDM profiles from Brazil

Dear Mr. Voakes:

In your letter dated June 4, 2009, you requested a tariff classification ruling.

Descriptive literature was included with your request. The trim seals are profiles that have been manufactured by extruding ethylene propylene diene monomer (EPDM) rubber onto steel core carriers. The profiles have a uniform cross-section along their entire length. They will be imported in lengths of 82 feet, shipped in coils. The profiles are used as seals in various applications, e.g., automotive goods, transportation equipment, machinery, doors and containers. Some of the seals are made of cellular sponge rubber while others are made of noncellular rubber.

The applicable subheading for cellular EPDM rubber profiles will be 4008.19.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for plates, sheets, strip, rods and profile shapes, of vulcanized rubber other than hard rubber: of cellular rubber: other: other: profile shapes. The rate of duty will be 3.3 percent ad valorem.

The applicable subheading for noncellular EPDM rubber profiles will be 4008.29.2000, HTSUS, which provides for plates, sheets, strip, rods and profile shapes, of vulcanized rubber other than hard rubber: of noncellular rubber: other: profile shapes. The rate of duty will be 2.9 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the specific styles listed in your letter. Your request for a classification ruling should include a sample length from each of the styles for which you are requesting a ruling so that we can verify whether the rubber is cellular or noncellular. When this information is available, you may wish to consider resubmission of your request.

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 ruling, contact National Import Specialist Joan Mazzola at (646) 733-3023.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division