CLA-2-40:RR:NC:N2:237 D82680
TARIFF NO: 4002.11.0000
M. Charles W. Price
Rhodia, Incorporated
259 Prospect Plains Road, CN 7500
Cranbury, New Jersey 08512-7500
RE: The classification of styrene-butadiene latex from France.
Dear Mr. Price:
In your letter dated September 15, 1998 you requested a
tariff classification ruling.
The product, designated Rhodapas B187 D600, is described as
styrene-butadiene latex. The percentage by weight breakdown is
given as styrene-1,3-butadiene copolymer (50 percent); poly-propylene glycol (less than 5 percent); and water (less than 50
percent). The percent by weight of each monomer making up the
polymer is styrene (60 percent) and butadiene (40 percent). The
material is used as a gas migration blocking agent in the
cementation of oil and gas wells.
The 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 in order.
Chapter 40 Note 3. provides: In headings 4001 to 4003 and
4005, the expression "primary forms" applies only to: (a) Liquids
and pastes (including latex, whether or not prevulcanized, and
other dispersions and solutions); (b) Blocks of irregular shape,
lumps, bales, powders, granules, crumbs and similar forms. The
product consists primarily of styrene-butadiene latex and water,
with styrene making up 60 percent by weight of the dry polymer.
Therefore, the applicable subheading for Rhodapas B187 D600
will be 4002.11.0000, HTSUS, which provides for styrene-butadiene
rubber latex 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