Classification of acrylonitrile butadiene copolymer with talc from the United States.

N086656 February 3, 2010 CLA-2-40:OT:RR:NC:N2:237 CATEGORY: Classification TARIFF NO.: 4005.10.0000 Mr. Thomas Hofer Zeon Chemicals 4111 Bells Lane Louisville, Kentucky 40211 RE: Classification of acrylonitrile butadiene copolymer with talc from the United States. Dear Mr. Hofer: In your letter dated December 3, 2009 you requested a tariff classification ruling. Nipol 1411 Product Specifications, MSDS Sheets, Test Results, 16 rubber dumbbell specimens and two 4-ounce jars of very fine powder were forwarded to our New York Laboratory for review. Nipol 1411 is described as a copolymer of acrylonitrile and butadiene (CAS-9003-18-3, 96%) containing sufficient talc (CAS-14807-96-6, 4%) to prevent agglomeration and maintain it as a free flowing powder. Nipol 1411 will be imported as a very fine cream colored powder, packed in 50 pound units within an 800 pound cell box, for use in polymer adhesive blending. Based on New York Laboratory Report NY20091695 dated January 20, 2010, Nipol 1411 is a compounded rubber meeting the requirements for synthetic rubber in Chapter 40, HTSUS. The lab report narrative states: Based on laboratory tests and information from the submitter, the sample, tan colored powder, is a compounded rubber with silica, unvulcanized, in primary form. The sample, gray dumbbell shaped specimens, meets the requirements of Chapter 40 Note 4 (A) of the HTSUS (2009) for the expression synthetic rubber. Methods: CBPL 25-30, 39-34, 39-36. The applicable subheading for Nipol 1411 copolymer of acrylonitrile and butadiene compounded with talc will be subheading 4005.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Compounded rubber, unvulcanized, in primary forms or in plates, sheets or strip: Compounded with carbon black or silica. The rate of duty will be free. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U. S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460, by calling the TSCA Assistance Line at (202) 554-1404, by Fax at (202) 554-5603, by e-mail to: tsca-hotline@epa.gov or by visiting their website at www.epa.gov. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division