CLA-2-38:OT:RR:NC:N3:139
Mr. John M Peterson
Neville Peterson LLP
55 Broadway, Suite 2602
New York, NY 10006
RE: The tariff classification of a chemical additive for use in tire manufacturing from Italy
Dear Mr. Peterson:
In your letter dated February 10, 2021, you requested a tariff classification ruling.
The product in question is a chemical additive, which you refer to as ‘Peconal H Block,’ used in the manufacture of pneumatic tires. You state that the ingredients of the additive are: cobalt, natural rubber, a dewaxed heavy paraffinic distillate, and an antiozonant.
You suggest classification of this product in subheading 4005.91.0000, Harmonized Tariff Schedule of the United States (HTSUS) which provides for compounded rubber, unvulcanized, in primary forms or in plates, sheets or strip: other: plates, sheets and strip. You state that the rubber component of this product has been compounded with cobalt. We disagree. It is the opinion of this office that the cobalt does not function as a compounding chemical, but is merely mixed with the rubber to provide properties to promote adhesion between the rubber and the steel tire cords. Therefore, classification in subheading 4005.91.0000 is precluded.
The applicable subheading for the chemical additive will be 3824.99.9297, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including
those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other: Other. The rate of duty will be 5% ad valorum.
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 the World Wide Web at https://hts.usitc.gov/current.
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 John Bobel at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division