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NY H86296




December 26, 2001

CLA-2-40:RR:NC:SP:237 H86296

CATEGORY: CLASSIFICATION

TARIFF NO.: 4002.59.0000; 4002.70.0000

Mr. Joseph Hoffacker
Barthco Trade Consultants
Philadephia, PA 19153

RE: The tariff classification of acrylonitrile-butadiene rubber (NBR) and ethylene-propylene-diene rubber (EPDM) from the Republic of Korea.

Dear Mr. Hoffacker:

In your letter dated December 11, 2001 on behalf of Intertex World Resources Ltd. Of Akron, Ohio, you requested a tariff classification ruling for two rubber products designated Kosyn KNB 35L acrylonitrile-butadiene rubber (NBR) and KEP EPDM 570F ethylene-propylene-diene rubber (EPDM) .

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 for other synthetic rubber and factice derived from oils, in primary forms or in plates, sheets or strip. Subheading 4002.59.0000, HTSUS, provides for acrylonitrile-butadiene rubber (NBR). Subheading 4002.70.0000, HTSUS, provides for ethylene-propylene-non-conjugated-diene rubber (EPDM).

Chapter 40 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 the analytical data and dumbbell samples you provided, both rubber products meet the requirements of Note 4(a).

The applicable subheading for the Kosyn KNB 35L acrylonitrile-butadiene rubber (NBR) will be 4002.59.0000, HTSUS, which provides for other acrylonitrile-butadiene rubber (NBR). The rate of duty is free.

The applicable subheading for the KEP EPDM 570F ethylene-propylene-diene rubber (EPDM) will be subheading 4002.70.0000, HTSUS, which provides for ethylene-propylene-non-conjugated-diene rubber (EPDM). 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 Frank Cantone at 646-733-3038.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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