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NY 857766


FEB 26 1991

CLA-2-39:S:N:N1:238 857766

CATEGORY: CLASSIFICATION

TARIFF NO.: 3902.90.0050

Mr. Kent Sunakoda
James J. Boyle & Co.
2525 Corporate Place
Monterey Park, CA 91754

RE: The tariff classification of natural and synthetically produced Superchlon CR-10 and mixtures containing natural and synthetic rubber from Japan.

Dear Mr. Sunakoda:

In your letter dated October 24, 1990 , on behalf of Ishihara Corporation (U.S.A.) you requested a tariff classification ruling.

It is your clients opinion that these products should be classified as a synthetic rubber in Subheading 4002.80.0000 HTS, which provides for mixtures of any product of 4001 (natural rubber) with any product of this heading.

Superchlon CR-10 whether produced from a synthetic or natural polyisoprene rubber or as a mixture of natural and synthetic polyisoprene is chemically reacted with chlorine to form a chlorinated rubber. The polyisoprene used in these products is an olefin which when reacted with chlorine resulted in a chemical change (halogenation) to the appendage of the main polymer. All the forms of this product are precluded from classification as rubber by virtue of Heading note 4 (a) to Chapter 40, which states the following: 4 (a) 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 one and a half 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 substance not necessary for the cross-linking, such as extenders, plasticizers and fillers, is not permitted.

In this case, the Superchlon CR-10 products cannot meet the stretch and return requirements of Note 4 (a) and therefore cannot be classified within Chapter 40.

As mentioned in a previous paragraph, Superchlon CR-10 has been chemically reacted with chlorine in which only an appendage to the main polymer has been halogenated. Note 5 of Chapter 39 states the following: Chemically modified polymers, that is, those in which only appendages to the main polymer chain have been changed by chemical reaction, are to be classified in the heading appropriate to the unmodified polymer. This provision does not apply to graft polymers.

The applicable subheading for the Synthetic Superchlon CR-10 will be 3902.90.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for polymers of other olefins, in primary forms. The rate of duty will be 2.2 cents per kilo plus 7.7 percent ad valorem. It should be noted that ruling 841270 Supplement #2 has been issued to reflect this classification.

The applicable subheading for naturally derived Superchlon CR-10 will be 3913.90.1000, HTS, which provides for Natural polymers and modified natural polymers, chemical derivatives of natural rubber. The rate of duty will be free.

Your inquiry does not provide enough information for us to give a classification ruling on Superchlon CR-10 when it is produced using natural and synthetic polyisoprene. Your request for a classification ruling should include the percentage by weight of both the natural and synthetic polyisoprene contained in the product.

This merchandise may be subject to the regulations of the Environmental Protection Agency, Office of Pesticides and Toxic Substances. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, telephone number (800) 424-9086.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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