CLA-2-40:OT:RR:NC:N2:237
Ms. Young Shin Cecil
General Manager
FNS Customs Brokers, Inc.
18301 Broadwick Street
Rancho Dominguez, CA 90220
RE: The tariff classification of polybutadiene (CAS-9003-17-2) and acrylonitrile-butadiene copolymer (CAS-9003-18-3) from Korea.
Dear Ms. Cecil:
In your letter dated April 26, 2010, on behalf of LG Chem America Inc., you requested a tariff classification ruling. You provided Material Safety Data Sheets, Vulcanization Test Properties Reports and CAS Numbers for our review.
BR 1208 Polybutadiene Rubber is described as 100% polybutadiene (CAS-9003-17-2) imported for use in manufacturing packings, shoe products, chemically blown sponge, oil field products, industrial and automotive molded parts.
NBR 6240 Acrylonitrile-Butadiene Rubber is described as 100% acrylonitrile-butadiene copolymer (CAS-9003-18-3) imported for use in manufacturing packings, shoe products, chemically blown sponge, oil field products, industrial and automotive molded parts.
Chapter 40 Note 4 (a) is relevant to articles which may fall under Heading 4002. Note 4 (a) provides that the expression "synthetic rubber" applies to : 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 1-1/2 times 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 substances not necessary for the cross-linking, such as extenders, plasticizers and fillers, is not permitted. Based on the Vulcanization Test Properties Reports you submitted, BR 1208 Polybutadiene Rubber consisting of 100% polybutadiene (CAS-9003-17-2) and NBR 6240 Acrylonitrile-Butadiene Rubber consisting of 100% acrylonitrile-butadiene copolymer (CAS-9003-18-3) meet the requirements for synthetic rubber in Chapter 40 Note 4 (a).
The applicable subheading for BR 1208 Polybutadiene Rubber consisting of 100% polybutadiene (CAS-9003-17-2) will be 4002.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Synthetic rubber and factice derived from oils, in primary forms or in plates, sheets or strip; mixtures of any product of heading 4001 with any product of this heading, in primary forms or in plates, sheets or strip: Butadiene rubber (BR). The rate of duty will be free.
The applicable subheading for NBR 6240 Acrylonitrile-Butadiene Rubber consisting of 100% acrylonitrile-butadiene copolymer (CAS-9003-18-3) will be 4002.59.0000, HTSUS, which provides for: Synthetic rubber and factice derived from oils, in primary forms or in plates, sheets or strip; mixtures of any product of heading 4001 with any product of this heading, in primary forms or in plates, sheets or strip: Acrylonitrile-butadiene rubber (NBR): Other. The rate of duty will be free.
This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U. S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460, by calling the TSCA Assistance Line at (202) 554-1404, by Fax at (202) 554-5603, by e-mail to: [email protected] or by visiting their website at www.epa.gov.
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