CLA-2 CO:R:C:F 952979 EAB

District Director
U.S. Customs Service
1000 Second Avenue
Seattle, Washington 98104-1049

Re: Application for Further Review of Protest No. 3001-92-100700, dated September 9, 1992, concerning siloxane polymers; SE 4420

Dear Sir:

This is a decision on a protest filed September 9, 1992, against your decision in the classification of merchandise liquidated June 19, 1992 and entered May 23, 1992.

FACTS:

The protestant entered the merchandise identified as SE 4420 in subheading 3506.91.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), a provision for other prepared adhesives, other, adhesives based on rubber or plastics, dutiable at the 1992 column 1 general rate of 2.1 percent ad valorem.

Customs reclassified the merchandise under subheading 3823.90.5050, a provision for residual products of the chemical or allied industries, not elsewhere specified or included, other mixtures, dutiable at the 1992 column 1 general rate of 5 percent ad valorem.

Protestant argues that SE 4420 "comprises a blend of siloxane polymers and alumina. When exposed to moisture, this material cures to form a thermally conductive elastomeric mass which is used to dissipate heat. * * * Additional information on thermally conductive silicones in general and a similar [product of the Protestant] are also provided for background." The Protestant advises that it is used to adhere electric coils within printer heads of dot matrix printers, dampen vibration and dissipate heat generated by the coils.

ISSUE:

What is the proper classification under the HTSUSA of a mixture of two siloxane polymers and alumina identified as SE 4420?

LAW AND ANALYSIS:

Merchandise imported into the U.S. is classified under the HTSUSA. Tariff classification is governed by the principles set forth in the General Rules of Interpretation (GRIs) and, in the absence of special language or context which otherwise requires, by the Additional U.S. Rules of Interpretation. The GRIs and the Additional U.S. Rules of Interpretation are part of the HTSUSA and are to be considered statutory provisions of law for all purposes.

GRI 1 requires that classification be determined first according to the terms of the headings of the tariff schedule and any relative section or chapter notes and, unless otherwise required, according to the remaining GRI's taken in order.

Among the merchandise that heading 3506 describes are other prepared adhesives not elsewhere specified or included. Among the merchandise classifiable under heading 3823 are chemical products and preparations of the chemical or allied industries not elsewhere specified or included.

From the additional information on thermally conductive silicones provided by Protestant, we note that the protestant has developed a number of silicone products that are up to 30 times more thermally conductive than normal silicone materials: "This enhancement is derived from adding metallic, metal oxide and metal nitride fillers to silicone polymers and formulating these mixtures to obtain other desired properties. * * * Typical end use applications include: [inter alia] potting * * * coils; bonding * * * components * * * to heat sinks; * * * thermal transfer to heat sink mediums; thermal transfer continuity over surfaces; [and,] thermally conductive gap filling and coating."

We are of the opinion that SE 4420 is not adequately described by heading 3506 because of its thermal conductivity. We find that it is not just an adhesive of heading 3506, but is a preparation of the chemical or allied industries not elsewhere specified or included.

HOLDING:

The protest should be denied.

The product known as SE 4420, a mixture of two siloxane polymers and alumina, is classifiable under subheading 3823.90.5050, HTSUSA, a provision for prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified of included; residual products of the chemical or allied industries, not elsewhere specified or included; other; other; other; other; other.

Merchandise classifiable under the foregoing subheading for the year 1992 was subject to a column 1 general rate of duty of 5 percent ad valorem.

A copy of this decision should be attached to the Customs Form 19 and provided to the protestant as part of the notice of action on the protest.

Sincerely,

John Durant, Director