CLA-2-40:RR:NC:FC:237 C83786
TARIFF NO: 4003.00.0000
Mr. William A. Wasson
EURECTEC, Incorporated
Park Irvine Business Center
14771 Myford Road, Building "B"
Tustin, California 92780
RE: The classification of crumb rubber from Germany.
Dear Ms. Wasson:
In your letter dated September 9, 1998 you requested a
tariff classification ruling.
The crumb rubber is described as recycled rubber granulate
used to produce aftermarket products.
Classification of merchandise under the 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 4003, HTSUS, provides for reclaimed rubber in
primary forms or in plates, sheets or strip. Chapter 40 Note 3.
is relevant to articles which may fall under Heading 4003. Note
3. provides: In headings 4001 to 4003 and 4005, the expression
"primary forms" applies only to the following forms: (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 bulk forms.
Subheading 4003.00.0000, HTSUS, provides for reclaimed rubber in
primary forms or in plates, sheets or strip. The instant article
is recycled rubber granulate.
Therefore the applicable subheading for the crumb rubber in
granulate form will be 4003.00.0000, Harmonized Tariff Schedule
of the United States (HTSUS), which provides for reclaimed rubber
in primary forms or in plates, sheets or strip. The rate of duty
is free.
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