CLA-2-40:RR:NC:N2:237 D85259
TARIFF NO: 4002.19.0010
Ricardo Gonzalez
5250 Coffee Port Road
Brownsville, Texas 78521
RE: The classification of Solprene #S-411, #S-1110, and #S-1205
styrene-butadiene synthetic rubber products from Mexico.
Dear Mr. Gonzalez:
In your letter dated November 18, 1998 on behalf of
Industrias Negromex, SA de CV and its affiliate Girsa, Inc., you
requested a tariff classification ruling.
The products are described as synthetic rubbers which
consist of the following amounts of butadiene/styrene: #S-411
(70/30), #S-1110 (85/15), and #S-1205 (75/25).
Classification of merchandise under the Harmonized Tariff
Schedule of the United States, (HTSUS), is governed by the
General Rules of Interpretation (GRI's). GRI 1 provides that
classification is determined first in accordance with the terms
of the headings of the tariff and any relative section or chapter
notes, and unless otherwise required, according to the remaining
GRI's taken in order.
Heading 4002, HTSUS, provides in part for synthetic rubber
and factice derived from oils, in primary forms.
Note 4(a) is relevant to articles which may fall under
Heading 4002. 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. For the purposes of this test,
substances necessary for the cross-linking, such as vulcanizing
activators or accelerators, may be added; the presence of
substances as provided for by note 5(b)(ii) and (iii) is also
permitted. However, the presence of any substances not necessary
for the cross-linking, such as extenders, plasticizers and
fillers, is not permitted.
Based on New York Lab Report 2-1998-30584 three sets of
off-white vulcanized dumbbell samples labeled Solprene #S-411,
#S-1110, and #S-1205 were tested and met the elongation and
recovery requirements for synthetic rubber in Note 4(a).
Subheading 4002.19.0010, HTSUS, provides for other styrene-butadiene rubber containing 50 percent or less styrene by weight
of the dry polymer.
Based on New York Lab Report 2-1998-30584, a bag of white
particles labeled Solprene #S-411, and two white irregular blocks
of compressed particles, labeled Solprene #S-1110, and #S-1205
were analyzed and consisted of styrene-butadiene synthetic rubber
(SBR) containing less than 50 percent styrene by weight of the
dry polymer, in primary form.
Accordingly, the applicable subheading for Solprene #S-411,
#S-1110, and #S-1205 styrene-butadiene synthetic rubbers will be
4002.19.0010, HTSUS, which provides for Styrene-butadiene rubber
(SBR): Other: Containing 50 percent or less styrene by weight of
the dry polymer, in primary forms. The rate of duty is free.
This merchandise may be subject to the requirements of the
Toxic Substances Control Act (TSCA) which is administered by the
U.S. Environmental Protection Agency. You may contact the Agency
at 402 M Street, S.W., Washington, D.C. 20460, telephone number
(202) 554-1404, or EPA Region II at (908) 321-6669.
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 F. Cantone at 212-466-5488.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division