NY 857766
FEB 26 1991
CLA-2-39:S:N:N1:238 857766
Mr. Kent Sunakoda
James J. Boyle & Co.
2525 Corporate Place
Monterey Park, CA 91754
RE: The tariff classification of natural and synthetically
produced Superchlon CR-10 and mixtures containing natural and
synthetic rubber from Japan.
Dear Mr. Sunakoda:
In your letter dated October 24, 1990 , on behalf of
Ishihara Corporation (U.S.A.) you requested a tariff
classification ruling.
It is your clients opinion that these products should be
classified as a synthetic rubber in Subheading 4002.80.0000 HTS,
which provides for mixtures of any product of 4001 (natural
rubber) with any product of this heading.
Superchlon CR-10 whether produced from a synthetic or
natural polyisoprene rubber or as a mixture of natural and
synthetic polyisoprene is chemically reacted with chlorine to
form a chlorinated rubber. The polyisoprene used in these
products is an olefin which when reacted with chlorine resulted
in a chemical change (halogenation) to the appendage of the main
polymer. All the forms of this product are precluded from
classification as rubber by virtue of Heading note 4 (a) to
Chapter 40, which states the following: 4 (a) 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 one and a half 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 substance not necessary for the cross-linking, such as
extenders, plasticizers and fillers, is not permitted.
In this case, the Superchlon CR-10 products cannot meet the
stretch and return requirements of Note 4 (a) and therefore
cannot be classified within Chapter 40.
As mentioned in a previous paragraph, Superchlon CR-10 has
been chemically reacted with chlorine in which only an appendage
to the main polymer has been halogenated. Note 5 of Chapter 39
states the following: Chemically modified polymers, that is,
those in which only appendages to the main polymer chain have
been changed by chemical reaction, are to be classified in the
heading appropriate to the unmodified polymer. This provision
does not apply to graft polymers.
The applicable subheading for the Synthetic Superchlon CR-10
will be 3902.90.0050, Harmonized Tariff Schedule of the United
States (HTS), which provides for polymers of other olefins, in
primary forms. The rate of duty will be 2.2 cents per kilo plus
7.7 percent ad valorem. It should be noted that ruling 841270
Supplement #2 has been issued to reflect this classification.
The applicable subheading for naturally derived Superchlon
CR-10 will be 3913.90.1000, HTS, which provides for Natural
polymers and modified natural polymers, chemical derivatives of
natural rubber. The rate of duty will be free.
Your inquiry does not provide enough information for us to
give a classification ruling on Superchlon CR-10 when it is
produced using natural and synthetic polyisoprene. Your request
for a classification ruling should include the percentage by
weight of both the natural and synthetic polyisoprene contained
in the product.
This merchandise may be subject to the regulations of the
Environmental Protection Agency, Office of Pesticides and Toxic
Substances. You may contact them at 402 M Street, S.W.,
Washington, D.C. 20460, telephone number (800) 424-9086.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport