CLA-2-40:OT:RR:NC:N4:421
Mr. John M. Peterson
Neville Peterson LLP
17 State Street, 19th Floor
New York, NY 10004
RE: The tariff classification of rubber grommets
Dear Mr. Peterson:
In your letter dated June 12, 2012, on behalf of Amphenol Optimize Manufacturing Co. Inc., you requested a tariff classification ruling.
Three representative samples were provided for examination. The products are identified as grommets made of polychloroprene synthetic rubber designed for use in a wide variety of connectors for aerospace and other industrial applications. The grommets are in the form of cylindrical plug-like devices. All measure ¾ inch at the greatest diameter and feature a beveled outer surface. Amphenol Aerospace Part Number DB-9-Z has a center hole measuring ½ inch in diameter. It is used to hold an electrical cable securely in place and protect it against its immediate environment. Amphenol Part Number DB-9-F has a hole measuring 3/16 inch in diameter. It is designed to receive and guide an electrical wire, positioning the wire while protecting it from its immediate environment. Amphenol Part Number DB-9-J is a solid plug. It is designed to be installed at the termination of an electrical wire or cable to fix and support the wire or cable and protect it from its immediate environment. You have indicated that the grommets will be imported from Mexico, China, or other countries with which the United States has Normal Trade Relations.
You suggest classification in subheading 8546.90, Harmonized Tariff Schedule of the United States (HTSUS), as electrical insulators. Classification of merchandise under the HTSUS is governed by the General Rules of Interpretation (GRIs) taken in order. GRI 1 requires that classification be determined according to the terms of the headings of the tariff schedule and any relative section or chapter notes. Section XVI note 1(a) states that the section “does not cover…other articles of a kind used in machinery or mechanical or electrical appliances or for other technical uses, of vulcanized rubber other than hard rubber (heading 4016).” Since the grommets are articles of vulcanized rubber other than hard rubber, described in heading 4016, they are precluded by that legal note from classification in any of the provisions of Section XVI, including subheading 8546.90.
The applicable subheading for Amphenol Part Number DB-9-J and other polychloroprene grommets without holes used as plugs to seal connectors will be 4016.99.1500, HTSUS, which provides for other articles of vulcanized rubber other than hard rubber: other: caps, lids, seals, stoppers and other closures. The general rate of duty will be 2.7 percent ad valorem.
The applicable subheading for Amphenol Part Number DB-9-Z, Amphenol Part Number DB-9-F and for other polychloroprene grommets with holes will be 4016.99.6050, HTSUS, which provides for other articles of vulcanized rubber other than hard rubber: other: other. The general rate of duty will be 2.5 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 ruling, contact National Import Specialist Joan Mazzola at (646) 733-3023.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division