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NY N025168




April 7, 2008

CLA-2-39:OT:RR:NC:N2:221

CATEGORY: CLASSIFICATION

TARIFF NO.: 3916.90.3000

Ms. Linda L. Murray
Geologistics Americas, Inc.
19688 Van Ness Ave.
Torrance, CA 90501

RE: The tariff classification of monofilament from China

Dear Ms. Murray:

In your letter dated February 18, 2008, on behalf of Royal Seals Inc., you requested a tariff classification ruling.

The sample submitted with your request is identified as Viton® cord. The cord measures approximately 3.7 mm in diameter and is imported in material lengths.

You suggest classification in subheading 4007.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for vulcanized rubber thread and cord. Viton® is a fluoroelastomer that generally does not meet the tariff definition of synthetic rubber in Note 4(a) of Chapter 40, HTSUS. The note describes synthetic rubber as "unsaturated synthetic substances which can be irreversibly transformed by vulcanization with sulfur into non- thermoplastic substances which, at a temperature between 18 and 29 degrees C, 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." Note that this stretch and recovery test must be met by the formulation that is cross-linked with sulfur.

If you believe that your particular formulation of Viton® meets the Chapter 40 note 4(a) definition of synthetic rubber, then please provide twelve cross-linked dumbbell-shaped specimens for testing and verification. For 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 Chapter 40 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. Submit samples prepared as described above, accompanied by the compounding recipe and the percent by weight of all ingredients.

The applicable subheading for the Viton® cord will be 3916.90.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for monofilament of which any cross-sectional dimension exceeds 1 mm, rods, sticks and profile shapes, whether or not surface-worked but not otherwise worked, of plastics: of other plastics: other: monofilament. The rate of duty will be 6.5 percent ad valorem.

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 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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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