CLA-2-40:OT:RR:NC:N1:137

Aya Hirano
Ainak, Inc.
1605 Fortune Dr. Winchester, KY 40391

RE: The tariff classification of a nitrile rubber o-rings from China

Dear Ms. Hirano:

In your letter dated October 28, 2019, you requested a tariff classification ruling.

The subject products identified by Item Numbers MX084669-0340, MX084669-0350 and MX082173-0030, are described as a vulcanized nitrile rubber o-rings. They will be used for sealing the sensor from fuel evaporation in the Evaporative Leak Control Module of automobiles. Products identified by item numbers AA949142-0020K and AA949142-0030 are described as vulcanized nitrile rubber o-rings. They will be used to seal aluminum ducts in A/C unit from water/moisture in automobiles.

The applicable subheading for the vulcanized nitrile rubber o-rings will be 4016.93.1010, Harmonized Tariff Schedule of the United States, HTSUS, which provides for Other articles of vulcanized rubber other than hard rubber: Other: Gaskets, washers and other seals: Of a kind used in the automotive goods of chapter 87: O-rings. The general rate of duty will be 2.5 percent ad valorem.

Products of China classified under subheading 4016.93.1010, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 4016.93.1010, HTSUS, listed above.

The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading.  For background information regarding the Section 301 trade remedy, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.

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 the World Wide Web at https://hts.usitc.gov/current.

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 Christina Allen at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division