4005 99 00 — Compounded rubber, unvulcanised, in primary forms or in plates, sheets or strip: other: other

4005 Non-volcanized rubber mixture, in primary forms or in the form of plates, sheets or strips or bands: 4005 10 - rubber mixture filled with carbon black or silica 4005 20 - solutions; dispersions other than those specified in subheading 4005 10 - other: 4005 91 - plates, sheets and strips or tapes 4005 99 - other

This heading includes a non-vulcanized rubber mixture in primary forms or in the form of plates, sheets or strips or ribbons. The terms “rubber” and “rubber” have the same meaning as in note 1 to this chapter. This heading therefore includes natural rubber, balata, gutta percha, guayula, chicle and similar natural resins, synthetic rubber, oil-derived factis and regenerated materials, provided they have been filled with other substances. In accordance with Note 5(A) to this Chapter, headings 4001 and 4002 do not include any rubber or mixture of rubbers if, before or after coagulation, they have been mixed with vulcanizing agents, accelerators, retardants or activators (other than those added for the preparation of sub-bulkanized rubber latex), pigments or other colouring substances (other than those used for identification purposes only), plasticizers or fillers (other than mineral oils, with the exception of the notes 5), or with any other filling agents (notes) admitted to the oils, except for the oils). This heading includes:

(A) Compounded rubber filled with carbon black or silica (whether or not with mineral oil, whether or not with other ingredients). This category includes masterbatch containing approximately 40 to 70 parts of carbon black per 100 parts of dry rubber; it is usually marketed in bales. (B) Compounded rubber not containing carbon black or silica. It contains substances such as organic solvents, vulcanising agents, accelerators, plasticisers, extenders, thickeners and fillers (other than carbon black or silica). Some of these may contain red clay or proteins. These two categories include the following types of products: (1) Compounded latex (including prevulcanised latex), provided that, as a result of compounding, it has not acquired more specific characteristics bringing it within another heading of the Nomenclature. Thus, the heading excludes, inter alia, latex-based varnishes and paints (Chapter 32). (2) Dispersions and solutions of unvulcanised rubber in organic solvents, used for the manufacture of articles by dipping or for coating finished articles. (3) Plates, sheets and strip or tape consisting of textile fabrics combined with compounded rubber, weighing more than 1500 g/m2 and containing not more than 50 % by weight of textile material. Such materials are obtained either by calendering or by "frictioning", or by a combination of both processes. They are used mainly for the manufacture of motor vehicle tyres, casings, pipes, tubes, etc. (4) Other plates, sheets and strip or tape of compounded rubber, which may be used, for example, for repairing tyres and casings or inner tubes (by hot treatment), for making adhesive patches, seals for certain sealants, rubber granules, etc., and for moulding rubber soles. (5) Compounded rubber in the form of granules, ready for vulcanisation and used in that form for moulding (e.g., in the footwear industry). Plates, sheets and strip or tape (including blocks of regular geometric shape) of this heading may have been surface-worked (embossed, corrugated, grooved, channelled, ribbed, etc.) or merely cut to rectangular (including square) shape, whether or not they have the character of finished articles, but they may not otherwise be cut to other shapes or further worked. The heading also excludes: (a) concentrated dispersions of colouring matter (including colour lakes) in rubber, used as raw materials for colouring rubber in the mass (heading 3204, 3205 or 3206); (b) more or less pasty products based on latex or other rubber, used as mastics, paint fillers or non-refractory surface-preparation compounds (heading 3214); (c) prepared glues and other prepared adhesives consisting of rubber solutions or dispersions with added fillers, vulcanising agents and resins, and rubber solutions and dispersions put up for retail sale as glues or adhesives, not exceeding a net weight of 1 kg (heading 3506);

(d) mixtures of any product of heading 4001 with any product of heading 4002 (heading 4002); (e) reclaimed rubber mixed with unused rubber or with other added substances, having the essential character of reclaimed rubber (heading 4003); (f) plates, sheets and strip or tape of unvulcanised rubber, worked otherwise than by surface-working, or cut to shapes other than rectangular (including square) (heading 4006); (g) plates, sheets and strip or tape consisting of parallel textile yarns agglomerated with rubber (heading 5906).

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.)