CLA-2-40:OT:RR:NC:N5:137

Ryan Hoff
Roxtec Inc.
1140 N 129th E Ave
Tulsa, OK 74116

RE: The tariff classification of low-profile cable entry system from Sweden

Dear Mr. Hoff:

In your letter dated April 17, 2025, you requested a tariff classification ruling.

Item #: CKT0008020016 is described as a low-profile cable entry system. The product consists of a steel front and back piece that sandwich an injection molded nitrile rubber insert. It also incorporates ethylene-propylene-non-conjugated diene rubber (EPDM) modules and mounting screws. The product is designed to seal and protect cables going through walls or enclosures.

Classification of merchandise under the Harmonized Tariff Schedule of the United States (HTSUS) is in accordance with the General Rules of Interpretation (GRIs), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Since no one heading in the tariff schedules covers the stainless steel and plastic components of the couplings in combination, GRI 1 cannot be used as a basis for classification. GRI 3(b) provides that mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale shall be classified as if they consisted of the material or component which gives them their essential character. As the low-profile cable entry system is a composite good, we must apply rule 3(b), which provides that composite goods are to be classified according to the component that gives the goods their essential character.

The Explanatory Notes to the Harmonized Commodity Description and Coding System (ENs), including the Subheading ENs, although not dispositive or legally binding, provide a commentary on the scope of each heading of the Harmonized Tariff Schedules, and are generally indicative of the proper interpretation of such headings. See T.D. 89-80, 54 Fed Reg., 35127 (August 23, 1989). EN VIII to GRI 3(b) explains that “the factor which determines essential character will vary as between different kinds of goods. It may, for example, be determined by the nature of the material or component, its bulk, quantity, weight or the use of the goods.” We must determine whether the rubber components or the steel components impart the essential character to the article in question. It is the role of the constituent materials in relation to the use of the good that imparts the essential character. It is the opinion of this office that the EPDM modules perform the function of sealing and protecting cables and therefore, impart the essential character of the low-profile cable entry system.

The applicable subheading for the low-profile cable entry system will be 4016.99.6050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of vulcanized rubber other than hard rubber: other: other: other: other: other: other. The rate of duty will be 2.5 percent ad valorem.

Effective April 5, 2025, Executive Orders implemented ?Reciprocal Tariffs.? ?All imported merchandise must be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the Chapter 99 provisions covering exceptions to the reciprocal tariffs.? Products of China, including Hong Kong and Macau, will be assessed an additional ad valorem rate of duty of 125 percent. ?Products from all other countries, including Sweden, will be subject to an additional 10 percent ad valorem rate of duty. At the time of entry, you must report the Chapter 99 heading applicable to your product classification, i.e. 9903.01.25, in addition to subheading 4016.99.6050, HTSUS, listed above.?

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 at https://hts.usitc.gov/.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.

This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Christina Allen at [email protected].
Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division