CLA-2-40:RR:NC:2:240 B80494

Mr. David Ji
DNP International Co., Inc.
2901 Ohio Boulevard, Suite 124
Terre Haute, IN 47803

RE: The tariff classification of Flexphalt 1101 from China

Dear Mr. Ji:

In your letter dated December 11, 1996, you requested a tariff classification ruling.

Sixteen vulcanized samples of Flexphalt 1101 were submitted with your inquiry. Based on the lab analysis, Flexphalt 1101, a styrene butadiene styrene elastomer, met the requirements of Chapter 40 Note 4(a) for synthetic rubber. The applicable subheading for Flexphalt 1101 will be 4002.19.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for synthetic rubber and factice derived from oils, in primary forms or in plates, sheets or strip; mixtures of any product of heading 4001 with any product of this heading, in primary forms or in plates, sheets or strip: styrene-butadiene rubber (SBR); carboxylated styrene-butadiene rubber (XSBR): other: containing 50 percent or less styrene by weight of the dry polymer. The rate of duty will be free.

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 Stephanie Joseph at 212-466-5768.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch
National Commodity
Specialist Division