NY 858614
FEB 26 1991
CLA-2-39:S:N:N1:238 858614
Mr. King Van Nostrand
The Myers Group (U.S.), Inc.
One World Trade Center, Suite 3911
New York, NY 10048
RE: The tariff classification of synthetically produced
Superchlon CR-10 from Japan.
Dear Mr. Van Nostrand:
In your letter dated December 4, 1990, on behalf of
Chemcentral Corporation you requested a tariff classification
ruling.
It is your clients opinion that this product should be
classified as a synthetic rubber in Subheading 4002.99.0000 HTS
or in the alternate 4002.80.0000 HTS.
Superchlon CR-10 whether produced from a synthetic or
natural polyisoprene rubber 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. Both forms of this product are precluded from
classification as synthetic rubber within Chapter 40 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.
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