CLA-2 CO:R:C:F 950229 ALS
Mr. Ricardo Gonzalez
Customs Broker
P. O. Box 3727
Brownsville, Texas 78520
RE: Thermoplastic rubber
Dear Mr. Gonzalez:
This is reply to your request of August 13, 1991, for a
tariff classification ruling for a product line of thermoplastic
rubber.
FACTS:
The products under consideration are thermoplastic rubber
described as block type and triblock molecular structure of
styrene-butadiene-styrene polymers. Technical specifications
therefor indicate that they are thermoplastic elastomer
copolymers composed of 58 to 75 percent butadiene and 25 to 42
percent styrene and other additives. The products are not
normally vulcanized although they can be. In their unvulcanized
state they can be stretched to over 3 times their normal length
and then returned to their original length. In their vulcanized
state they lose their elastic properties. The products are
saturated synthetic substances.
ISSUE:
Are the products synthetic rubbers?
- 2 -
LAW AND ANALYSIS:
Classification of merchandise under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA) is governed by
the General Rules of Interpretation (GRI's) taken in order.
GRI 1 provides that the classification is determined first in
accordance with the terms of the headings and any relative
section and chapter notes. If GRI 1 fails to classify the goods
and if the heading and legal notes do not otherwise require the
remaining GRI's are applied taken in order.
The inquirer has suggested that the products are
classifiable in subheading 4002.19.0010, HTSUSA, as a synthetic
rubber. In order for a product to be considered a synthetic
rubber it must meet the requirements of Note 4(a), Chapter 40,
HTSUSA. Since information submitted with the ruling request did
not permit an analysis of the products to ascertain whether they
meet such requirements, we requested dumbbell specimens of each
of the styrene butadiene elastomers, specifications of the
elongation data for sample and the vulcanization recipe for the
products.
The inquirer submitted such dumbbell specimens, elongation
and other data on some of the products and information which
indicates that the products are not normally vulcanized since
that process causes them to lose their thermoplastic properties
and it significantly reduces the elastic properties of the
products.
Based on an analysis of the structure of the products, the
elongation data and vulcanization information and considering the
requirements of the aforementioned Note 4(a), we do not believe
that the products meet those requirements. That note specifies
that the expression "synthetic rubber", as utilized in heading
4002, HTSUSA, applies to unsaturated synthetic substances which
can be irreversibly transformed by vulcanization with sulfur into
non-thermoplastic substances which meet certain stretch
requirements. These substances must also be cross-linked. The
technical data provided indicates that the products do not meet
these requirements. They are saturated synthetic substances
which are not vulcanized. In addition, if vulcanized they lose
their elastic properties. They are not cross-linked. The
products are not classifiable in Chapter 40, HTSUSA.
- 3 -
Accordingly, these products, which are described as block
type polymers with a triblock molecular structure of styrene-
butadiene-styrene would be covered by the provisions of heading
3902, HTSUSA, which provide for polymers of propylene or of other
olefins in primary form.
HOLDING:
Thermoplastic rubber of radial block type and triblock
molecular structure composed of butadiene-styrene polymers are
classifiable in subheading 3902.90.0010, HTSUSA, as polymers of
propylene or of other olefins, in primary forms, other,
polybutylene. It is subject to a general rate of duty of 2.2/kg
plus 7.7 per cent ad valorem.
These articles, if the product of Mexico, would be subject
to a reduced rate of duty pursuant to the provision of General
Note 3(c), HTSUSA, relative to the products of countries
designated beneficiary developing countries for the purposes of
the Generalized System of Preferences (GSP) upon compliance with
the provision thereof and those of section 10.171 et seq.,
Customs Regulations (19 CFR 10.171 et seq.).
Sincerely,
John Durant, Director
Commercial Rulings Division