40 — Rubber and articles thereof

Notes

Machine translation. The original is the Russian text of the EAEU tariff, and customs goes by it; this translation is for understanding only and has no legal force.

1. Unless otherwise specified in the context, throughout the Nomenclature, the terms “rubber” and “rubber” mean the following products, whether vulcanized or non-volcanized, solid or non-solid: natural rubber, balata, gutta perch, guayula, chicle and similar natural resins, synthetic rubber, oil-derived factis and the same materials in regenerated form.

2. This group does not include:

(a) goods of Section XI (textiles and textile articles);

(b) Shoes or parts thereof of Chapter 64;

(c) headgear or parts thereof (including bathing caps) of Chapter 65;

(d) mechanical or electrical devices, or parts thereof of Section XVI (including electrical goods of all kinds), of solid rubber;

(e) articles of Chapter 90, 92, 94 or 96; or

(f) articles of Chapter 95 (other than sports gloves, gloves, mittens and articles of headings 4011 to 4013).

3. For the purposes of headings 4001 to 4003 and 4005, the term “primary forms” means the following forms:

(a) liquids and pastes (including latex subvulcanized or non-vulcanized and other dispersions and solutions);

(b) irregularly shaped blocks, chunks, piles, powders, granules, crumbs and similar bulk forms.

4. In Note 1 to this Chapter and in heading 4002, the term synthetic rubber means:

(a) unsaturated synthetic substances irreversibly transformed by sulfur vulcanization into non-thermoplastic substances, which do not rupture at a temperature of 18–29 °C when stretched 3 times their original length, and, when stretched 2 times within 5 minutes, return to a length not exceeding the original length by more than one and a half times. In this test, it is allowed to add substances necessary for the formation of cross-links, in particular, activators or accelerators of vulcanization. Substances listed in note 5 (B) (ii) and (iii) are also allowed. However, any substances not intended for cross-linking, such as diluents, plasticizers and fillers, shall not be allowed;

(b) thioplasty (TM); and

(c) natural rubber modified by grafting or mixing with plastics, depolymerized natural rubber, mixtures of unsaturated synthetic substances with saturated synthetic high molecular weight polymers, provided that all of the above products meet the requirements of paragraph 4(a) above of this note for vulcanization, elongation and resizing.

5. (A) Headings 4001 and 4002 do not include rubber or a mixture of rubbers if they were mixed with:

(i) vulcanizing agents, accelerators, moderators or activators (other than those which have been added to prepare dulacanized rubber latex);

pigments or other colouring agents other than those used for identification purposes only;

(iii) plasticizers or fillers (other than mineral oil in the case of oil-filled rubber), reinforcing agents, organic solvents or any other substances other than those referred to in paragraph 5(B).

(B) The presence of the following substances in rubber or a mixture of rubbers shall not affect their classification as heading 4001 or 4002 provided that such rubber or a mixture of rubber retains its essential property of the raw material:

(i) emulsifiers or antiadhesives;

(ii) small amounts of degradation products of emulsifiers;

(iii) very small amounts of heat-sensitive agents (mainly for the preparation of thermally sensitive rubber latexes), cationic surfactants (usually for the preparation of electropositive rubber latexes), antioxidants, coagulants, rubber-to-crumb agents, frost-resistant agents, peptisers, anticoagulants, stabilizers, viscosity-regulating agents, or similar special-purpose additives.

6. For the purposes of heading 4004, the term “waste, trimmings and scraps” means waste, trimmings and scraps produced in the manufacture or treatment of rubber and articles thereof which are absolutely unusable as such by cuts, wear or other causes.

7. Threads consisting entirely of vulcanized rubber having a cross-sectional dimension greater than 5 mm are classified as strips or ribbons, rods or profiles in shape in heading 4008.

8. Heading 4010 covers conveyor belts, drive belts or belting of fabric impregnated, coated or duplicated with rubber or of fabric made of textile yarn or cord impregnated or coated with rubber.

9. For the purposes of headings 4001, 4002, 4003, 4005 and 4008, the terms “plates”, “sheets” and “bands or tapes” mean only plates, sheets and strips or ribbons and blocks of regular geometric shape, not cut or cut into rectangular (including square) shapes, being or not finished articles with embossed or unembossed or otherwise treated surface, other than materials cut into pieces of another shape or subjected to further processing.

For the purposes of heading 4008, the terms “bars” and “shaped profiles” mean only articles not cut or cut in length with a treated or untreated surface but without further treatment.

Additional note

Machine translation. The original is the Russian text of the EAEU tariff, and customs goes by it; this translation is for understanding only and has no legal force.

1. Sleeves, gloves or mittens impregnated or coated with porous rubber, in which textile materials, woven or machine or hand knitted, felt or felt or nonwoven materials are presented merely for reinforcement purposes, belong to Chapter 40, even if they:

- made of textile materials, woven or machine or hand knitted (other than those of heading 5906), felt or felt or nonwoven materials impregnated or coated with porous rubber, or

- made of unimpregnated or uncoated textile materials, woven or machine or hand knitted, felt or felt or nonwoven materials and subsequently impregnated or covered with porous rubber.

(Note 3 (c) to chapter 56 and note 5, last paragraph, to chapter 59.)