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NY C84814


July 9, 1998

CLA-2-40:RR:NC:N2:237 C84814

CATEGORY: CLASSIFICATION

TARIFF NO: 4001.29.0000

Margaret J. Parker

Michelin North America

One Parkway South

Greenville, South Carolina 29615

RE: The classification of three PMR Rubber Mixes from Canada.

Dear Ms. Parker:

In your letter dated February 19, 1998 you requested a tariff classification ruling.

The three products, described as PMR rubber mixes used in the manufacture of pneumatic tires, are produced as follows:

Bales of imported Malaysian and Indonesian natural rubber are processed through a chipper that chops the bales into smaller pieces. During this process, liquid talc is injected into the chipper to prevent the pieces of rubber from sticking together. These chips are then placed into a mixer for blending and cutting into even smaller chips. Depending upon the mixture required, certain chemicals may be added at this time. The end result is the PMR rubber mix. PMR# GP19965 consists of 100% natural Malaysian rubber chips. Except for minute quantities of liquid talc to prevent chips adhering to themselves, no other chemicals are added. PMR# GP20837 and PMR# GP20978 each consist of approximately 80% natural Malaysian and 20% natural Indonesian rubber chips blended together with an antistatic solution. The percentage of antistatic solution is 0.09% in PMR# GP20837 and 0.58% in PMR# GP20978. Samples consisting of small rubber chips were analyzed by the U.S. Customs Laboratory in New York and found to be natural rubber in primary form with small amounts of additives not changing the essential character as raw materials within the meaning of Chapter 40 Note 5(b).

The applicable subheading for all three PMR Rubber Mixes will be 4001.29.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other natural rubber 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,


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