us-cbp-cross-rulings-hq-085980•HQ 085980: Tariff classification of compressed gasket material, Durlon 8400
HQ 085980: Tariff classification of compressed gasket material, Durlon 8400
us-cbp-cross-rulings-hq-085980HQ 085980: Tariff classification of compressed gasket material, Durlon 8400Guidance
Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.
HQ 085980
March 13, 1990
CLA-2 CO:R:C:G 085980 JLJ
CATEGORY: Classification
TARIFF NO.: 6815.99.40
Mr. T.A. Schofield
A. N. Deringer, Inc.
R. D. #1, Box W-432
Alexandria Bay, New York 13607-9798
RE: Tariff classification of compressed gasket material,
Durlon 8400
Dear Mr. Schofield:
You submitted an internal advice request dated November 7,
1989, for a tariff classification under the Harmonized Tariff
Schedule of the United States Annotated (HTSUSA), for a
compressed gasket material, Durlon 8400, manufactured in Canada
by your client Durabla. Although the internal advice request
was not submitted to the Customs Service field office in
accordance with 19 C.F.R. 177.11, we have decided to waive the
requirement in this case based on the fact that we have since
received input from both the office and the national import
specialist. A sample of Durlon 8400 was submitted along with
your request.
FACTS:
Durlon 8400 is composed, by weight and by value, of the
following components:
Weight $ Value
Rubber 12.45 26.70
Solvent negligible 6.36
Chemical .73 1.24
Mineral Filler 32.42 12.94
Synthetic Pulp 4.31 51.68
Other Pulp 5.09 57.23
- 2 -
A descriptive brochure concerning Durlon 8400 states that
"Durlon 8400 Gold contains high temperature synthetic fibers
and minerals combined with high grade nitrile NBR rubber.
Durlon 8400 exhibits higher temperature limits than aramid
based materials and the handling and cutting characteristics
are greatly improved over carbon and glass fiber products."
The manufacturing process is as follows. Rubber sheeting
or slabs (NBR acrylonitrile-butadiene) are mixed with a
solvent until the rubber becomes a pasty mush. This mush is
mixed with rubber curing agents. In a separate dry mix
operation, synthetic and other fibers are combined with the
mineral fillers. To this dry mixture is added the pasty rubber
mush. The combined mixture is processed for thirty to sixty
minutes into a crumbly dough, and more solvent is added to
maintain pliancy.
The dough is fed into the hopper of a two-roll rubber
sheet manufacturing machine consisting of one hot and one cold
roll. The hot roll is the take-up roll, while the cold roll
serves to compress the dough evenly across the hot roller as
both rolls rotate. The rollers are set one-thousandth of an
inch apart. Small amounts of the dough are added continuously
to the hopper of the shelter. At the end of one revolution,
the rollers are set another thousandth of an inch apart, and
the process is repeated until the desired thickness is reached.
The sheet is then removed from the hot roller.
In Customs Headquarters Ruling Letter (HRL) 084970 of
September 26, 1989, we held that similar compressed gasket
material, Durlon 8500 and Durlon 8600, also manufactured by
your client, were classified under the provision for articles
of stone or other mineral substances, not elsewhere specified
or included: other articles: other: other, in subheading
6815.99.40, HTSUSA, dutiable at the ad valorem rate of 4.5
percent (3.6 percent ad valorem if eligible for entry under the
United States-Canada Free Trade Agreement).
ISSUE:
What is the proper tariff classification of Durlon 8400?
LAW AND ANALYSIS:
In HRL 084970 we discussed the HTSUSA classification of
similar compressed gasket materials. While the composition of
Durlon 8400 differs somewhat from Durlon 8500 and Durlon 8600,
in the percentages (both weight and value) of material involved
and in having a synthetic fiber other than Kevlar aramid, it is
still quite similar in composition and in function.
- 3 -
Durlon 8400 is a compressed gasket material which is a
composite article composed of synthetic rubber, textile fibers
and mineral fillers. As such, there are several possible
tariff classifications under the HTSUSA--i.e., as a sheet of
vulcanized rubber in heading 4008, HTSUSA, as a nonwoven
textile article in heading 5603, HTSUSA, or as an article of
other mineral substances in heading 6815, HTSUSA. A detailed
discussion of these possibilities is set forth in HRL 084970
for Durlon 8500 and Durlon 8600.
As in HRL 084970, the merchandise in question is produced
from a mixture of several materials each of which is
classifiable under a separate heading. GRI 3(a), HTSUSA,
states that, when two or more headings each refer to part only
of the materials contained in a composite good, the headings
are to be regarded as equally specific. Inasmuch as none of
the headings referenced above refer to all of the materials
contained in Durlon 8400, we cannot classify it according to
GRI 3(a), HTSUSA.
GRI 3(b), HTSUSA, states that composite goods consisting
of different materials shall be classified as if they consisted
of the material which gives them their essential character. If
the essential character of Durlon 8400 can be determined, the
product may be classified according to GRI 3(b), HTSUSA.
Durlon 8400 has the appearance of a rubbery material and
is made by a rubber manufacturing process. It is made in part
of rubber, which serves to bind the other components together,
to provide some compressibility when the gasket is in use, and
to seal impermeably. Counsel for Durabla have advised us
concerning Durlon 8500 and Durlon 8600 that the academic
community and the industry experts view vulcanized rubber with
significant amounts of mineral fillers as a product of the
rubber industry. We assume that Durlon 8400 is regarded in a
similar fashion.
The synthetic fibers in Durlon 8400 are more expensive
than either the rubber or the mineral fillers. They serve to
strengthen and to reinforce the compressed gasket material.
They also make it more flexible.
The mineral fillers are the largest single component by
weight. They extend the bulk of the gasket. They also provide
chemical and thermal resistance to the gasket material. In
addition, some fillers have sealing, drying or binding
properties.
- 4 -
In view of the significant characteristics and functions
of each of the three main components of Durlon 8400 (i.e.,
rubber, minerals and synthetic fibers), it is impossible to
determine that any one component constitutes the essential
character of the instant gasket material, so we must turn to
GRI 3(c), HTSUSA.
GRI 3(c) states that when goods cannot be classified by
reference to GRI 3(a) or GRI 3(b), they shall be classified
under the heading which occurs last in numerical order among
those which equally merit consideration. Among headings 4008,
5603 and 6815, heading 6815 occurs last in numerical order,
therefore Durlon 8400 must be classified in that heading.
HOLDING:
We find that Durlon 8400 is classified under the
subheading for other mineral substances, not elsewhere
specified or included, in subheading 6815.99.40, HTSUSA.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc: Area Dir., N.Y. Seaport
1cc: NIS- George Barth
1cc: D.D., Champlain, N.Y.(Attn: Pete Fortrell)
hensley library 085980JLJ
Vous vous demandez comment ce texte s’applique à votre situation ?
Consultation gratuite, sans engagement
Décrivez votre situation. Notre équipe vous recontactera par e-mail pour votre consultation.
Poursuivez vos recherches dans ChatGPT ou Claude
Connectez Omnilex pour rechercher dans le corpus juridique depuis votre assistant IA.