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HQ 950229


February 20, 1992

CLA-2 CO:R:C:F 950229 ALS

CATEGORY: CLASSIFICATION

TARIFF NO.: 3902.90.0010

Mr. Ricardo Gonzalez
Customs Broker
P. O. Box 3727
Brownsville, Texas 78520

RE: Thermoplastic rubber

Dear Mr. Gonzalez:

This is reply to your request of August 13, 1991, for a tariff classification ruling for a product line of thermoplastic rubber.

FACTS:

The products under consideration are thermoplastic rubber described as block type and triblock molecular structure of styrene-butadiene-styrene polymers. Technical specifications therefor indicate that they are thermoplastic elastomer copolymers composed of 58 to 75 percent butadiene and 25 to 42 percent styrene and other additives. The products are not normally vulcanized although they can be. In their unvulcanized state they can be stretched to over 3 times their normal length and then returned to their original length. In their vulcanized state they lose their elastic properties. The products are saturated synthetic substances.

ISSUE:

Are the products synthetic rubbers?

LAW AND ANALYSIS:

Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is governed by the General Rules of Interpretation (GRI's) taken in order. GRI 1 provides that the classification is determined first in accordance with the terms of the headings and any relative section and chapter notes. If GRI 1 fails to classify the goods and if the heading and legal notes do not otherwise require the remaining GRI's are applied taken in order.

The inquirer has suggested that the products are classifiable in subheading 4002.19.0010, HTSUSA, as a synthetic rubber. In order for a product to be considered a synthetic rubber it must meet the requirements of Note 4(a), Chapter 40, HTSUSA. Since information submitted with the ruling request did not permit an analysis of the products to ascertain whether they meet such requirements, we requested dumbbell specimens of each of the styrene butadiene elastomers, specifications of the elongation data for sample and the vulcanization recipe for the products.

The inquirer submitted such dumbbell specimens, elongation and other data on some of the products and information which indicates that the products are not normally vulcanized since that process causes them to lose their thermoplastic properties and it significantly reduces the elastic properties of the products.

Based on an analysis of the structure of the products, the elongation data and vulcanization information and considering the requirements of the aforementioned Note 4(a), we do not believe that the products meet those requirements. That note specifies that the expression "synthetic rubber", as utilized in heading 4002, HTSUSA, applies to unsaturated synthetic substances which can be irreversibly transformed by vulcanization with sulfur into non-thermoplastic substances which meet certain stretch requirements. These substances must also be cross-linked. The technical data provided indicates that the products do not meet these requirements. They are saturated synthetic substances which are not vulcanized. In addition, if vulcanized they lose their elastic properties. They are not cross-linked. The products are not classifiable in Chapter 40, HTSUSA.

Accordingly, these products, which are described as block type polymers with a triblock molecular structure of styrene- butadiene-styrene would be covered by the provisions of heading 3902, HTSUSA, which provide for polymers of propylene or of other olefins in primary form.

HOLDING:

Thermoplastic rubber of radial block type and triblock molecular structure composed of butadiene-styrene polymers are classifiable in subheading 3902.90.0010, HTSUSA, as polymers of propylene or of other olefins, in primary forms, other, polybutylene. It is subject to a general rate of duty of 2.2/kg plus 7.7 per cent ad valorem.

These articles, if the product of Mexico, would be subject to a reduced rate of duty pursuant to the provision of General Note 3(c), HTSUSA, relative to the products of countries designated beneficiary developing countries for the purposes of the Generalized System of Preferences (GSP) upon compliance with the provision thereof and those of section 10.171 et seq., Customs Regulations (19 CFR 10.171 et seq.).

Sincerely,

John Durant, Director
Commercial Rulings Division

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