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NY K84805




April 14, 2004

CLA-2-40:RR:NC:SP:237 K84805

CATEGORY: CLASSIFICATION

TARIFF NO.: 4005.99.0000

Mr. Yorck-Martin Stuber and
Mr. Charles Weyhausen
DS-Chemie GmbH
Straubinger Strasse 12
28219 Bremen
Germany

RE: Tariff classification of a mixture of synthetic rubber and polyolefins from Germany.

Dear Mr. Stuber and Mr. Weyhausen:

In your letter dated April 4, 2004 you requested a tariff classification ruling for Polyliner 555. The product is described as a mixture of synthetic rubber and polyolefins with substantial amounts of other additives. The product will be imported in granulate form (pellets) for use in the manufacture of sealant gaskets for beverage closures.

Heading 4002, Harmonized Tariff Schedule of the United States (HTSUS), provides in part for "Synthetic rubber and factice derived from oils, in primary forms or in plates, sheets or strip." This heading, however, is subject to Chapter Note 5(a)(iii) which states "Headings 4001 and 4002 do not apply to any rubber or mixture of rubbers which has been compounded, before or after coagulation, with:...(iii) plasticisers or extenders (except mineral oil in the case of oil extended rubber), fillers, reinforcing agents, organic solvents or any other substances...." Therefore, the presence of substantial amounts of other additives cannot be ignored and will preclude classification in heading 4002.

Heading 4005, HTSUS, provides for "Compounded rubber, unvulcanized, in primary forms or in plates, sheets or strip." EN 4005(B) provides for "Compounded rubbers not containing carbon black or silica. These contain substances such as organic solvents, vulcanising agents, accelerators plasticisers, extenders, thickeners and fillers (other than carbon black or silica)."

Chapter 40 Note 4(a) is relevant to articles under Heading 4005 and provides: 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, plasticisers and fillers, is not permitted" (for the purpose of the test).

Based on your test report and dumbbell samples prepared in accordance with ASTM D 412 - 98a, Polyliner 555 meets the requirements for "synthetic rubber" in Chapter 40 Note 4(a).

The applicable subheading for the Polyliner 555 mixture of synthetic rubber and polyolefins with substantial amounts of other additives will be 4005.99.0000, HTSUS, which provides for: Compounded rubber, unvulcanized, in primary forms or in plates, sheets or strip: Other. The rate of duty will be free.

This merchandise may be subject to the requirements of the Toxic Substances Control Act, administered by the U.S. Environmental Protection Agency. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, telephone (202) 554-1404.

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

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