The tariff classification of a rubber cone packing seal from China

N323571 January 21, 2022 CLA-2-40:OT:RR:NC:N1:137 CATEGORY: Classification TARIFF NO.: 4016.93.5050, 9903.88.03 Scott Lappin LappinTech LLC P.O. Box 1022 Douglas, Wyoming 82633 RE: The tariff classification of a rubber cone packing seal from China Dear Mr. Lappin: In your letter dated January 6, 2022, you requested a tariff classification ruling. The products under consideration are various rubber cone packing seals identified by item numbers C112, C114, C134, C138, and C118. The products consist of a vulcanized nitrile outer seal housing with an inner seal composed of lattice braided polytetrafluoroethylene fibers. The nitrile comprises 90 percent by weight of the final product while the textile packing composes 10 percent by weight. The function of the cone packing seal is to prevent oil spills in an oil well. The cone is used with oil wells that use a pumping unit, polished rod, sucker rods and down hole pump to produce oil. The cone is sealed around the polished rod while the pumping unit is operating and prevents oil from spilling onto the ground and diverts the oil down a flow line to an oil tank. The seal is accomplished when the rubber is compressed by the operation creating a seal against the polished rod. The applicable subheading for the rubber cone packing seals will be 4016.93.5050, 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: other: other. The general rate of duty will be 2.5 percent ad valorem. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 4016.93.5050, 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 4016.93.5050, 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/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 julie.c.allen@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division