CLA-2-40:OT:RR:E:NC:SP:237
Mr. Paul C. Conway
BDP International Inc.
147-31 176th Street
Jamaica, New York 11434
RE: The tariff classification of Poly Bd R-20LM butadiene rubber from Japan.
Dear Mr. Conway:
In your letter dated July 31, 2008, on behalf of the Sartomer Company, you requested a tariff classification ruling on Poly Bd R-20LM butadiene rubber. You submitted a Test Report on Poly Bd dumbbell samples and a Report on the Formulation and Sulfur Curing of those samples.
Heading 4002, HTSUS, provides for other synthetic rubber and factice derived from oils, in primary forms or in plates, sheets or strip.
Chapter 40 Note 4(a) is relevant to articles under Heading 4002 and provides: the expression "synthetic rubber" applies to: unsaturated synthetic substances which can be irreversibly transformed by vulcanization with sulfur into non-thermoplastic substances which, at a temperature between 18 degrees centigrade and 29 degrees centigrade, will not break on being extended to three times their original length and will return, after being extended to twice their original length, within a period of 5 minutes, to a length not greater than 1-1/2 times their original length.
Based on ARDL Test Report PN 79334 dated June 4, 2008, dumbbell samples of Poly Bd R-20LM butadiene rubber were tested and met the requirements for synthetic rubber in Note 4(a).
The applicable subheading for Poly Bd R-20LM butadiene rubber will be subheading 4002.20.0000, HTSUS, which provides Butadiene rubber (BR). The rate of duty will be free.
This merchandise may be subject to the requirements of the Toxic Substances Control Act administered by the U.S. Environmental Protection Agency (EPA). You may contact the EPA located at 402 M Street, S.W., Washington, D.C. 20460, at telephone number 204- 554-1404.
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 control number shown 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 Frank Cantone at 646-733-3038.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division