texlex
Petroleum
- Oct 14, 2003
- 2
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.