The tariff classification of Grease Drum Follower Plates from China

N300329 September 7, 2018 CLA-2-40:OT:RR:NC:N1:119 CATEGORY: Classification TARIFF NO.: 4016.99.6050 Mr. Garland Sweitzer American Lubrication Equipment Corporation P.O. Box 1350 Hunt Valley, MD 21030 RE: The tariff classification of Grease Drum Follower Plates from China Dear Mr. Sweitzer: In your letter dated August 29, 2018, you requested a tariff classification ruling. The subject products are called Grease Drum Follower Plates. They are described as suction tube assemblies of a steel housing and a molded Nitrile Butadiene Rubber (NBR) seal. There are four different items under review in this request. They are as follows: Item 1 TIM-363 Follower Plate, with inner and outer sealing surfaces, designed to seal the fluid below the plate from the air and contaminates above the plate. For use inside, open top, 16-gallon (aka 120-lb.) drum. Item 2 TIM-364 Follower Plate, with inner and outer sealing surfaces, designed to seal the fluid below the plate from the air and contaminates above the plate. For use inside, open top, 55-gallon (aka 400-lb.) drums. Item 3 TIM-366 Follower Plate, with inner and outer sealing surfaces, designed to seal the fluid below the plate from the air and contaminates above the plate. For use inside, open top, 16-gallon (aka 120-lb.) drums. Item 4 TIM-368 Follower Plate, with inner and outer sealing surfaces, designed to seal the fluid below the plate from the air and contaminates above the plate. For use inside, open top, 5-gallon (35-lb.) drums. You also provided the following description of the products and their use. You stated that: The grease follower plate with its NBR seals is pulled towards the bottom of the drum via the drum’s centrally located suction tube. The follower plate: 1) compresses the grease preventing air pockets from forming close to the suction tube, 2) keeps greases clean and preserves it’s characteristics, 3) the seals minimize waste by wiping the inner drum wall, 4) includes a handle for easy removal from empty drums.” The follower plate is placed atop the grease inside a drum of grease. The inside diameter of the follower plate contains a circular rubber wiping seal which seals the follower plate against the centrally located suction tube which is inserted into and through the grease to the bottom of the drum. The outside diameter of the follower plate features a circular rubber wiping seal which seals the follower plate against the drum’s side walls. When an external device creates a vacuum at the suction tube inlet, the grease is evacuated from the bottom of the grease drum. The vacuum pulls the follower plate downward against the upper surface of the grease. The downward pull of the follower plate, compresses the grease in the direction of the suction tube inlet.” You describe the product as a seal. Although, in part, performing a sealing function, the product acts more like a plunger. It pushes along the container wall and compresses the grease and any air pockets or other materials that are present. In a follow-up email you clarified that the rubber is not a cellular rubber. The applicable subheading for all four Grease Drum Follower Plates 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. 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 Paul Hodgkiss at Paul.Hodgkiss@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division