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NY D85259




December 9, 1998

CLA-2-40:RR:NC:N2:237 D85259

CATEGORY: CLASSIFICATION

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

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

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