CLA-2-40:OT:RR:NC:N5:137
Jason Swanson
AM Conservation
1701 Charleston Regional Parkway, Suite A
Charleston, SC 29492
RE: The tariff classification of ethylene-propylene-nonconjugated diene (EPDM) rubber weatherstripping
from China
Dear Mr. Swanson:
In your letter dated August 15, 2025, you requested a tariff classification ruling.
The product under consideration is a Professional Weatherstripping Screw-On Door Set. It is primarily
composed of a thermoplastic vulcanizate (TPV) skinned closed-seal foam (cellular) rubber seal reinforced by
an aluminum rail. TPV consists of EPDM crosslinked with a small percentage of polypropylene. The product
is used in residential and commercial doors to seal edges and reduce energy loss.
The classification of merchandise under the Harmonized Tariff Schedule of the United States (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 and any relative section or chapter notes. In the event that
goods cannot be classified solely on the basis of GRI 1, and if the heading and legal notes do not otherwise
require the remaining GRIs will be applied, in the order of their appearance. The weatherstripping is a
composite good and is not classifiable in accordance with GRI 1. GRI 3(b) provides that composite goods
shall be classified as if they consisted of the material or component which gives them their essential
character. It is the opinion of this office that the EPDM component provides the essential character of the
weatherstripping.
You suggest classification in subheading 4016.93.5050, HTSUS, which provides for rubber seals. The instant
seal is composed of foam (cellular) rubber, and products when composed of foam (cellular) cellular rubber
are more specifically provided for in subheading 4016.10.0000, HTSUS.
The applicable subheading for the cellular EPDM rubber weatherstripping will be 4016.10.0000, HTSUS,
which provides for other articles of vulcanized rubber other than hard rubber: of cellular rubber. The general
rate of duty will be FREE.
Effective March 4, 2025, pursuant to U.S. Note 2(u) to Subchapter III, Chapter 99, all products of China and
Hong Kong as provided by heading 9903.01.24, HTSUS, other than products classifiable under headings
9903.01.21, 9903.01.22, and 9903.01.23, HTSUS, will be subject to an additional 20 percent ad valorem rate
of duty. At the time of entry, you must report the applicable Chapter 99 heading, i.e. 9903.01.24, in addition
to subheading 4016.10.0000, HTSUS, listed above.
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. At this time, products of China, Hong
Kong, and Macau will be subject to an additional ad valorem rate of duty of 10 percent. 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 4016.10.0000, HTSUS, listed above.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under
subheading 4016.10.0000, HTSUS, unless specifically excluded, are subject to an 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 4016.10.0000, 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 trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including
information on exclusions and their effective dates, 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/programs-administration/trade-remedies, respectively.
The tariffs and additional duties cited above are current as of this ruling’s issuance. 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,
(for)
Denise Faingar
Acting Director
National Commodity Specialist Division