HQ 951743: Bomb Inhibitor - Polybutyl Rubber Bag Containing a Blend of Chemicals and Water

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 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