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NY M86456




September 22, 2006

CLA-2-40:RR:NC:SP:237 M86456

CATEGORY: CLASSIFICATION

TARIFF NO.: 4005.10.0000

Mr. Thomas C. Lloyd
3M Center
Building 225-4S-18
St. Paul, MN 55144-1000

RE: Classification of an epoxidized isoprene rubber compounded with silica from Japan.

Dear Mr. Lloyd:

In your letter dated September 14, 2006, you requested a tariff classification ruling.

Kuraray L-207 Polymer Liquid Electronic Grade consists of an epoxidized isoprene block copolymer compounded with polyol elastomer softening agents, curing agents, extenders and silica for use in manufacturing gaskets for computer hard disc drives. The copolymer is unsaturated and vulcanizable with sulfur.

Chapter 40 Note 4(a) is relevant to your product 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, plasticizers and fillers, is not permitted (for the purpose of the test).

Based on your analytical reports and dumbbell samples, Kuraray L-207 epoxidized isoprene rubber meets the requirements for “synthetic rubber” in Chapter 40 Note 4(a). Heading 4005, HTSUS, provides for compounded rubber, unvulcanized, in primary forms or in plates, sheets or strip. Explanatory Note 40.05(A) provides for rubber compounded with carbon black or silica (with or without mineral oil or other ingredients).

The applicable subheading for Kuraray L-207 epoxidized isoprene rubber will be subheading 4005.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Compounded rubber, unvulcanized, in primary forms or in plates, sheets or strip: Compounded with carbon black or silica. The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 1200 Pennsylvania Ave., N.W., Mail Code 70480 Washington, D.C. 20460, telephone number (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 entry documents filed at the time 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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