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

Ms. Judy L. Cook
Toyoda Gosei North America Corp.
1400 Stephenson Highway
Troy, MI 48083

RE: The tariff classification of automotive weatherstrips from Canada Dear Ms. Cook:

In your letter dated August 3, 2009, on behalf of TG Automotive Sealing Kentucky, LLC, you requested a tariff classification ruling.

Two sample weatherstrips, Parts 90025252 and 90025263, were provided with your letter. Part 90025252 is a length of weatherstrip composed of compact ethylene propylene diene monomer (EPDM) rubber with two projecting strips of cellular EPDM rubber formed through a single extrusion. The cross section is constant throughout the length of the weatherstrip. Parts 90025253, 90025254, 90025255 and 90025312 are said to be weatherstrips with the same materials and profile as Part 90025252 but imported in different lengths.

Part Number 90025263 is a weatherstrip composed of cellular EPDM rubber with a uniform cross-section throughout the length. This weatherstrip has been further worked with vent holes at intervals throughout the length of the profile. Parts 90025264, 90025265, 90025266 and 90025261 are said to be weatherstrips with the same component material, profile and vent holes as Part 90025263 but imported in different lengths.

The applicable subheading for the weatherstrips that have not been further worked with vent holes, Parts 90025252, 90025253, 90025254, 90025255 and 90025312, 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 general rate of duty will be 3.3 percent ad valorem.

The applicable subheading for the weatherstrips that have been further worked with vent holes, Parts 90025263, 90025264, 90025265, 90025266 and 90025261, will be 4016.10.0000, HTSUS, which provides for other articles of vulcanized rubber other than hard rubber: of cellular rubber. The rate of duty will be free.

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