The classification of crumb rubber from Germany.

NY D83786 November 6, 1998 CLA-2-40:RR:NC:FC:237 C83786 CATEGORY: Classification 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