Bomb Inhibitor - Polybutyl Rubber Bag Containing a Blend of Chemicals and Water

HQ 951743 July 31, 1992 CLA-2 CO:R:C:F 951743 ALS CATEGORY: Classification TARIFF NO.: 3823.90.5050 Ms. Dorren M. Hough Hardy Wall Shipping Customhouse Brokers, Inc. P.O. Box 17145 Washington Dulles International Airport Washington, D.C. 20041 RE: Bomb Inhibitor - Polybutyl Rubber Bag Containing a Blend of Chemicals and Water Dear Ms. Hough Hardy: This is in reference to your inquiry regarding the subject article. Your initial request, was sent to the District Director of Customs, Washington, D.C.. Our New York Seaport Area Office, on February 11, 1992, returned your request to you and asked for certain additional information regarding the operation of the article and the cost of each of its components. Such information was provided to our Washington District Office with your letter of March 27, 1992. That office transmitted such information to the above-noted New York office which transmitted it to this office for further consideration. FACTS: The article under consideration is described as a bomb inhibitor. It consists of a polybutyl rubber bag that contains a blend of glycoethylene and anti-freeze, fire retardant 3M (6%) and water. The bag and the chemicals contained in it will be imported and stored in a cabinet composed of powder coated steel. The purpose of the device is to reduce the blast effect of a bomb and to, thereby, reduce physical damage, shrapnel and fire hazard that may be caused by an explosion. In use the bag is placed over a bomb and is designed to dissipate the blast force of a bomb when it explodes. - 2 - ISSUE: What is the classification of a synthetic rubber bag containing chemicals which is designed to dissipate the blast effect of bombs? LAW AND ANALYSIS: Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is governed by the General Rules of Interpretation (GRI's) taken in order. GRI 1 provides that the classification is determined first in accordance with the terms of the heading and any relative section and chapter notes. If GRI 1 fails to classify the goods and if the heading and legal notes do not otherwise require, the remaining GRI's are applied, taken in order. The article under consideration is composed of 3 distinct elements which maintain their identity once they are combined to form the article under consideration. The article consists of a polybutyl rubber bag of various sizes, a blend of glycoethylene and anti-freeze, fire retardant 3M (6%) and water which is contained in a cavity of the bag, and a metal storage box in which the bag and its contents are stored. Yellow safety tape and warning signs for area cordon, instructional video on use of the bomb bag, laminated instruction sheets as well as a length of nylon cord and rubber wedges are included with the aforementioned items. According to the importer the article works by energy conversion using liquid technology; it converts the energy of the bomb blast. The shock wave of a bomb blast passes through the bag to semi-solid liquid chemicals changing them to droplets and then to vapor or mist in a matter of seconds. Fire retardant chemicals in the mixture apparently suppresses any fire resulting from an explosion. Although no specific function is noted for the bag other than serving as a container for the chemicals, a means of carrying them to the place of use and covering a bomb, we noted, during a videotape presentation, that the bag apparently serves to shape the explosive force so that it is directed upward rather than sideways. The rubber bag, which is heat aging and ultra- violet light (UVL) resistant for up to 30 years and may perform additional functions, is easily the most expensive component of the article, costing twice as much as the metal cabinet and 20 times as much as the chemicals. - 3 - In considering the subheadings that might be applicable to the product, we noted that there is no one subheading provisions which covers the complete article. Thus, we concluded that the article could not be classified pursuant to GRI 1. Since the chemicals and the rubber bag are the primary functional components of the article and the metal box serves only as a storage device, we concluded that classification of the article should be based on those items. Those components would appear to be covered by subheading 3823.90.5050, HTSUSA, the provision for other chemical products, and subheading 4016.99.5050, HTSUSA, the provision for other articles of vulcanized rubber other than hard rubber, other. We, as directed by GRI 2 as to articles composed of more than one material or substance, referred to GRI 3. Part 3(a) thereof provides that an article classifiable under 2 or more headings should be classified under the heading which provides the most specific description. Since both of the above subheadings were equally specific and since the article has two components, we next considered whether the article could be classified in accordance with GRI 3(b). GRI 3(b) specifies that a multi-component article should be classified as if it consisted of the material or component which gives it its essential character. While the essential character of an article will vary between different kinds of goods, factors which are normally considered in making such a determination are: the nature of the material or component; its bulk; quantity; weight or value; or the role of a constituent material in relation to the use of the goods. In applying these criteria to the instant article we note that the rubber bag is clearly the predominant item when considering bulk, weight and value. We also note that the bag plays an important role in the storage and transportation of the chemicals, covering the explosive device and, possibly, directing the release of energy produced by a bomb blast and helping to dissipate the force of such blast. We, however, concluded that the chemicals, which dissipate up to 90 percent of the explosive force by changing the nature of such force, give the article the character for which it was designed. Accordingly, we have concluded that the article under consideration should be classified under the subheading applicable to that component. - 4 - HOLDING: A bomb inhibitor composed of various chemicals, contained in the cavity of a rubber bag which is used to cover a bomb, in order to dissipate the explosive force of same, is classifiable under subheading 3823.90.5050, HTSUSA, the provision for other chemical products. It is subject to a general rate of duty of 5 percent ad valorem. Sincerely, John Durant, Director Commercial Rulings Division