CLA-2-40:OT:RR:E:NC:N2:237
Mr. John Little
Director, Compliance
BDP International
15333 JFK Blvd.
Houston, TX 77032
RE: The tariff classification of ethylene-propylene-diene copolymer (EPDM) from Italy and the United Kingdom.
Dear Mr. Little:
In your letter dated August 11, 2010, on behalf of The Plaza Group Ltd., you requested a tariff classification ruling. You provided Eni Polimeri Technical Data Sheets and Cerisie Laboratory Elastomeric Test Reports for our review.
Dutral OCP 5050 and Dutral CX 2907 are described as ethylene-propylene copolymers, each containing over 50% by weight of the ethylene monomer. "EPDM" designations on the Technical Data Sheets identify the products as ethylene-propylene-diene copolymers. Dutral OCP 5050 will be imported in 25 kilogram size bales (irregular-shaped blocks) for use in oil viscosity modifiers. Dutral CX 2907 will imported in 20 kilogram size bales for use in automotive applications, cables, appliances, polymer modification, oil viscosity modifiers and bitumen modification.
In your letter you suggest classification in 3901.90.1000, HTSUS, which provides for: Polymers of ethylene, in primary forms: Other: Elastomeric. However, most of the ethylene-propylene copolymers with substantial amounts of butadiene ("diene") comply with the requirements of Note 4 to Chapter 40 and are therefore classified in Chapter 40 as synthetic rubber.
The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation of the HTSUS. While not legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings at the international level. See T.D. 89-80, 54 Fed. Reg. 35127 (Aug. 23, 1989). EN 40.02 (Definition of synthetic rubber) Chapter 40 Note 4 (a) 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. Such unsaturated synthetic substances include ethylene-propylene-nonconjugated diene rubbers (EPDM).
Cerisie Laboratory Elastomeric Test Reports TR no. 476 and 477 dated August 6, 2010, confirm that Dutral OCP 5050 and Dutral CX 2907 dumbbell test specimens vulcanized with sulfur satisfy the above definition for synthetic rubber in Note 4 (a).
The applicable subheading for Dutral OCP 5050 and Dutral CX 2907 ethylene-propylene-diene copolymers (EPDM) will be 4002.70.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Ethylene-propylene-nonconjugated diene rubber (EPDM). 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