CLA-2-40:RR:NC:N2:237 C84814
TARIFF NO: 4001.29.0000
Margaret J. Parker
Michelin North America
One Parkway South
Greenville, South Carolina 29615
RE: The classification of three PMR Rubber Mixes from Canada.
Dear Ms. Parker:
In your letter dated February 19, 1998 you requested a tariff
classification ruling.
The three products, described as PMR rubber mixes used in the manufacture
of pneumatic tires, are produced as follows:
Bales of imported Malaysian and Indonesian natural rubber are processed through
a chipper that chops the bales into smaller pieces. During this process, liquid
talc is injected into the chipper to prevent the pieces of rubber from sticking
together. These chips are then placed into a mixer for blending and cutting
into even smaller chips. Depending upon the mixture required, certain chemicals
may be added at this time. The end result is the PMR rubber mix. PMR# GP19965
consists of 100% natural Malaysian rubber chips. Except for minute quantities
of liquid talc to prevent chips adhering to themselves, no other chemicals are
added. PMR# GP20837 and PMR# GP20978 each consist of approximately 80% natural
Malaysian and 20% natural Indonesian rubber chips blended together with an
antistatic solution. The percentage of antistatic solution is 0.09% in PMR#
GP20837 and 0.58% in PMR# GP20978. Samples consisting of small rubber chips
were analyzed by the U.S. Customs Laboratory in New York and found to be natural
rubber in primary form with small amounts of additives not changing the
essential character as raw materials within the meaning of Chapter 40 Note 5(b).
The applicable subheading for all three PMR Rubber Mixes will be
4001.29.0000, Harmonized Tariff Schedule of the United States (HTSUS), which
provides for other natural rubber in primary forms. The rate of duty is
free.
This merchandise may be subject to the requirements of the Toxic Substances
Control Act (TSCA) which is administered by the U.S. Environmental Protection
Agency. You may contact the Agency
at 402 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404,
or EPA Region II at (908) 321-6669.
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 F. Cantone at 212-
466-5488.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division