CLA-2-40:OT:RR:NC:N2:237

Ms. Sarah E. Oebser
H.B. Fuller Company
P.O. Box 64683
St. Paul, MN 55164-0683

RE: Classification of a styrene-isoprene-styrene copolymer (CAS-25038-32-8) from Taiwan.

Dear Ms. Oebser:

In your letter dated February 23, 2011 you requested a tariff classification ruling. You provided MSDS sheets, Technical Data, 200% Elongation & Recovery Tests and samples for our review.

SIS-1209 (YH-1209) is a synthetic rubber product synthesized or derived from petroleum oils. It is a block copolymer rubber consisting of isoprene (71wt%) and styrene (29wt%) monomer units. It is an unsaturated synthetic substance that is crosslinkable with sulfur. Chapter 40 Note 4 (a) provides that 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 the 200% Elongation & Recovery Tests and samples provided, the product meets the requirements for synthetic rubber in Note 4 (a).

The applicable subheading for styrene-isoprene-styrene block copolymer rubber consisting of (71wt%) and styrene (29wt%) will be 4002.99.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Synthetic rubber and factice derived from oils, in primary forms or in plates, sheets or strip: Other: Other. The rate of duty will be free.

This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U. S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460, by calling the TSCA Assistance Line at (202) 554-1404, by Fax at (202) 554-5603, by e-mail to: [email protected] or by visiting their website at www.epa.gov.

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 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 Frank Cantone at (646) 733-3038.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division