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NY H83522




July 25, 2001

CLA-2-40:RR:NC:N2:237 H83522

CATEGORY: CLASSIFICATION

TARIFF NO: 4002.19.0010

Joseph R. Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia PA 19153

RE: The classification of RM21L SBR Rubber from South Korea. Dear Mr. Hoffacker:

In your letter dated July 10, 2001 on behalf of Intertex World Resources Ltd. of Akron OH, you requested a tariff classification ruling.

The product is described as Kosyn RM21L (CAS-9003-55-8) synthetic styrene-butadiene rubber (SBR) containing approximately 21 percent total styrene in white colored bale form.

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 examination of the vulcanized dumbbell samples submitted and product information showing typical properties, the product meets 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.

Accordingly, the applicable subheading for RM21L 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 NIS Frank Cantone at 212-637-7018.

Sincerely,

Robert B. Swierupski
Director, National Commodity
Specialist Division

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