Can Viton Meet the Customs Definition of "Synthetic Rubber"?
Can Viton Meet the Customs Definition of "Synthetic Rubber"?
(OP)
Whether it ever is or not, is Viton capable of being vulcanized with sulfur? This is required for Viton to be considered, for Customs purposes (see definition below), to be a "synthetic rubber."
Any assistance would be appreciated.
I am an attorney and assist clients with importing matters. One of my clients has been informed by U.S. Customs that Viton o-rings are not properly classifiable as “other articles of vulcanized rubber other than hard rubber: other: gaskets, washers, and other seals: other: o-rings."
Instead, Customs requires that they be classified as “other articles of plastics and articles of other materials of headings 3901 to 3914: other: gaskets, washers, and other seals: o-rings.”
The Customs definition of “synthetic rubber,” found at Harmonized Tariff Schedule (HTS) Chapter 40, Note 4., provides as follows:
"In note 1 to this chapter and in heading 4002, the expression "synthetic rubber" applies to:
(a) Unsaturated synthetic substances which can be irreversibly transformed by vulcanization with sulfur into nonthermoplastic substances which, at a temperature between 18°C and 29°C, (will pass a stretch and recovery test)...substances necessary for the cross-linking, such as vulcanizing activators or accelerators, (and certain other substances) may be added. However, the presence of any substances not necessary for the cross-linking, such as extenders, plasticizers and fillers, is not permitted."
Parentheticals are my paraphrasing.
Any assistance would be appreciated.
I am an attorney and assist clients with importing matters. One of my clients has been informed by U.S. Customs that Viton o-rings are not properly classifiable as “other articles of vulcanized rubber other than hard rubber: other: gaskets, washers, and other seals: other: o-rings."
Instead, Customs requires that they be classified as “other articles of plastics and articles of other materials of headings 3901 to 3914: other: gaskets, washers, and other seals: o-rings.”
The Customs definition of “synthetic rubber,” found at Harmonized Tariff Schedule (HTS) Chapter 40, Note 4., provides as follows:
"In note 1 to this chapter and in heading 4002, the expression "synthetic rubber" applies to:
(a) Unsaturated synthetic substances which can be irreversibly transformed by vulcanization with sulfur into nonthermoplastic substances which, at a temperature between 18°C and 29°C, (will pass a stretch and recovery test)...substances necessary for the cross-linking, such as vulcanizing activators or accelerators, (and certain other substances) may be added. However, the presence of any substances not necessary for the cross-linking, such as extenders, plasticizers and fillers, is not permitted."
Parentheticals are my paraphrasing.





RE: Can Viton Meet the Customs Definition of "Synthetic Rubber"?
importing rubbers including FKM we have same problem for many years and I am afraid the customs officer is right - like always
Some saturated rubbers (FKM, CPE, EPM, ECO)are - seen from tariff - plastics.
It costs us a lot of money because all 4002 materials do not cost import duty to EC, but all the above mentioned 5 to 10 %. So we tested several ways to apply sulfur cure - but no reasonable results.
Sorry for bad news
Berti
RE: Can Viton Meet the Customs Definition of "Synthetic Rubber"?
RE: Can Viton Meet the Customs Definition of "Synthetic Rubber"?
We have concluded that Viton doesn't conform to the definition and is, thus, classifiable as a plastic elastomer. One implication is a somewhat higher tariff rate. A more problematic implication is the knowledge that hundreds of my client's imported items (gaskets, o-rings, washers, seals, etc.) must be now scrutinized to determine whether they should be classified in one provision or the other. Previously, the knowledge that the items were gaskets, o-rings, etc., and the use of the synthetic rubber tariff provision was deemed sufficient.
Respecting similar items made from variations of NBR, however, we have concluded that the NBR materials do meet the definition and are, thus, correctly classifiable as articles of synthetic rubber. On that point, I would appreciate any feedback confirming or qualifying.
Thanks,
Texlex
RE: Can Viton Meet the Customs Definition of "Synthetic Rubber"?
R J Del Vecchio
Technical Consulting Services
(consultant in Applied Rubber Technology)
RE: Can Viton Meet the Customs Definition of "Synthetic Rubber"?
R J Del Vecchio
Technical Consulting Services
(consultant in Applied Rubber Technology)