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NY I84123

July 30, 2002

CLA-2-40:RR:NC:SP:237 I84123


TARIFF NO.: 4002.70.0000

Mr. John F. Jager
Toyota Tsusho America, Inc.
702 Triport Road
Georgetown, Kentucky 40324

RE: The tariff classification of Esprene ethylene-propylene-diene rubbers from Japan.

Dear Mr. Jager:

In your letter dated July 11, 2002 you requested a tariff classification ruling on three ethylene-propylene-diene rubbers: Esprene EPDM 553, Esprene EPDM 555 and Esprene oil-extended EPDM 600F.

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).

Chapter 40 Note 4(a) is relevant to articles under Heading 4002 and provides: 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 your Evaluation RL-31123 for Esprene EPDM: Esprene EPDM 553 and Esprene EPDM 555 appear to meet the requirements for synthetic rubber in Note 4(a).

The applicable subheading for Esprene EPDM 553 and Esprene EPDM 555 will be subheading 4002.70.0000, HTSUS, which provides for ethylene-propylene-non-conjugated-diene rubber (EPDM). The rate of duty is free.

We are returning your request for a ruling on Esprene 600F for additional information. Based on your submission, the Esprene EPDM 600F samples evaluated contained oil, which is not permitted for the purpose of the test in Note 4(a). The test is to be carried out on a sample which does not contain such material or from which such material has been removed. When the test is properly performed and the information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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.

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 Frank Cantone at 646-733-3038.


Robert B. Swierupski

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