CLA-2-40:RR:NC:N2:237 D81615
TARIFF NO: 4002.99.0000
Ms. Dawn Baris
Sumitomo Chemical America, Inc.
345 Park Avenue
New York, NY 10154
RE: The classification of styrene-acrylonitrile grafted EPDM
rubber (CAS-32069-92-4) from Japan.
Dear Ms. Baris:
In your letter dated August 17, 1998 you requested a tariff
classification ruling.
The product designated ESPA is described as styrene-acrylonitrile grafted EPDM rubber consisting of 70 percent by
weight of EPDM (ethylene-propylene-diene-monomer), 28 percent
styrene and 2 percent acrylonitrile.
Classification of merchandise under the Harmonized Tariff
Schedule of the United States, (HTSUS), is governed by the
General Rules of Interpretation (GRI's). GRI 1 provides that
classification is determined first in accordance with the terms
of the headings of the tariff and any relative section or chapter
notes, and unless otherwise required, according to the remaining
GRI's taken in order.
Heading 4002, HTSUS, provides for other synthetic rubber
and factice derived from oils, in primary forms or in plates,
sheets or strip. Subheading 4002.70.0000, HTSUS, provides for
ethylene-propylene-non-conjugated-diene rubber (EPDM). EPDM
denotes an unsaturated terpolymer based on the three monomers:
ethylene, propylene and a non-conjugated diene. However, the
instant product, EPSA, is a plastic modified rubber, where EPDM
is the main component, a terpolymer to which the polymers styrene
and acrylonitrile have been grafted. Other synthetic rubbers in
primary forms are provided for in subheading 4002.99.0000, HTSUS.
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 elongation and recovery test results you
furnished from Sumitomo Chemical America, Inc., EPSA vulcanized
with sulfur appears to meet the requirements of Note 4(a).
Based on the foregoing, the applicable subheading for EPSA
(styrene-acrylonitrile grafted EPDM) will be 4002.99.0000, HTSUS,
which provides for other synthetic rubber and factice derived
from oils, in primary forms or in plates, sheets or strip. 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