CLA-2-39:RR:NC:SP:221 L81073
Mr. Paul Vroman
Danzas AEI Intercontinental
120 Tokeneke Road
Darien, CT 06820
RE: The tariff classification of profiles for automotive seals from Canada.
Dear Mr. Vroman:
In your letter dated November 22, 2004, on behalf of Trim-Gard Automotive Moldings, you requested a tariff classification ruling.
Samples were provided with your letter. The “D” shaped profiles are composed of cellular Santoprene®. They will be used for automotive door/trunk seals. The “C” shaped profiles are composed of polyvinyl chloride (PVC) plastic, and they will be used for automotive trim and door/trunk seals. Both the “D” and “C” shaped profiles have a uniform cross-section throughout their length.
You indicate that the D-shaped profiles are made of Santoprene®. Santoprene® is a thermoplastic elastomer that generally does not meet the tariff definition of synthetic rubber in Note 4(a) of Chapter 40, HTS. 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."
If you believe that your particular formulation of Santoprene® 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 PVC C-shaped profiles will be 3916.20.0091, Harmonized Tariff Schedule of the United States (HTS), 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 polymers of vinyl chloride, other. The rate of duty will be 5.8 percent ad valorem.
The applicable subheading for the Santoprene® D-shaped profiles will be 3916.90.5000, HTS, 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: other. The rate of duty will be 5.8 percent ad valorem.
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,
National Commodity
Specialist Division