CLA-2-40:OT:RR:NC:N2:237
Mr. Robert Doyle
Affiliated Customs Brokers Limited
Customs & Trade Services Group
411 Rue des Récollets
Montréal, Québec H2Y 1W3
RE: The tariff classification and country of origin of unvulcanized compounded polychloroprene slabs from Canada.
Dear Mr. Doyle:
In your letter dated April 17, 2009, on behalf of the PPD Group, Inc., you requested a tariff classification and country of origin ruling for unvulcanized compounded polychloroprene slabs. You provided three samples, a Chemical Composition Breakdown Sheet and MSDS sheets for our review. The accompanying samples are being returned as per your request.
Raw polychloroprene chips produced in Japan are shipped to Canada and compounded with carbon black to produce unvulcanized compounded polychloroprene slabs weighing 500 pounds that are shipped to the United States for manufacture into automotive belts.
The applicable subheading for the unvulcanized compounded polychloroprene slabs will be 4005.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for compounded rubber, unvulcanized, in primary forms or in plates, sheets or strip. The rate of duty will be Free.
Section 134.1 (b) of the Customs Regulations (19 C.F.R. 134.1 (b)) defines “country of origin” as the country of manufacture, production or growth of any article of foreign origin entering the U.S. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the “country of origin” within the meaning of the marking laws and regulations. For country of origin purposes, a substantial transformation of an imported article occurs when it is used in manufacture, which results in an article having a name, character, or use differing from that of the imported article (19 C.F.R. 134.35).
The raw polychloroprene chips (Heading 4002) will be substantially transformed in Canada into articles having a different name, character or use differing from that of the chips, namely unvulcanized compounded polychloroprene slabs (Heading 4005). Therefore, for Customs and Border Protection “country of origin” purposes only, the “country of origin” of the unvulcanized compounded polychloroprene slabs will be Canada.
You have requested a scope ruling regarding the applicability of Anti-Dumping Case Number A-588-046-010 on polychloroprene rubber from Japan. Written decisions regarding the scope of Anti-Dumping Case orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and “country of origin” rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”.)
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
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 Frank Cantone at (646) 733-3038.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division