4008 21 100 0 — Floor coverings and mats, uncut or simply cut to rectangular or square shape, of non-cellular rubber

4008 Plates, sheets, strips or bands, rods and profile shapes, of vulcanised rubber other than hard rubber: – Of cellular rubber: 4008 11 – – Plates, sheets and strips or bands 4008 19 – – Other – Of non-cellular rubber: 4008 21 – – Plates, sheets and strips or bands 4008 29 – – Other

The heading covers: (1) Plates, sheets and strips or bands (any cross-sectional dimension of which exceeds 5 mm), in the length or simply cut into rectangles (including squares). (2) Blocks of regular geometric shape. (3) Rods and profile shapes (including thread of any cross-sectional shape, any cross-sectional dimension of which exceeds 5 mm). Profile shapes in the length are obtained in a single operation (usually by extrusion) and have a uniform or repetitive cross-section from one end to the other. They are classified in this heading whether uncut or cut to length, provided that the length of the piece cut is not less than the greatest cross-sectional dimension. The products of this heading may be surface-worked (printed, corrugated, grooved, channelled, ribbed); they may also be coloured or uncoloured (in the mass or on the surface). Profile shapes with an adhesive surface, used for sealing window frames, are classified in this heading. The heading also covers rubber flooring in the piece, tiles, mats and other articles obtained simply by cutting plates or sheets of rubber into rectangular (including square) shapes. The classification of products of vulcanised rubber (other than hard rubber) combined (in the mass or on the surface) with textile material is governed by Note 3 to Chapter 56 and Note 4 to Chapter 59. Combinations of vulcanised rubber

(other than hard rubber) with other materials are classified in this heading provided they retain the essential character of rubber. The heading therefore covers: (A) Plates, sheets and strip or tape of cellular rubber combined with textile materials (as defined in Note 1 to Chapter 59), felt or fur felt, or nonwovens, provided the textile materials are used merely for reinforcing purposes. In this respect, plain, unbleached, bleached or uniformly dyed textile materials, felt or fur felt, or nonwovens, are regarded as serving merely for reinforcing purposes provided they are attached to one face only of the plates, sheets, strip or tape. Patterned, printed or more elaborately worked fabrics and special materials, such as pile fabrics, tulles and lace, are regarded as having a function beyond mere reinforcement. Plates, sheets and strip or tape of cellular rubber combined with textile material on both faces, regardless of the nature of the textile material, are excluded from this heading (heading 5602, 56 03 or 5906). (B) Felt or fur felt, impregnated, coated or laminated with vulcanised rubber (other than hard rubber), containing 50 % or less by weight of textile material or completely embedded in rubber. (C) Nonwovens, either completely embedded in rubber or entirely coated with rubber on both sides, provided that such coating can be seen with the naked eye with no account being taken of any resulting change of colour. The heading excludes, inter alia: (a) conveyor or transmission belts or belting (rubberised belting fabric), of vulcanised rubber, whether or not cut to length (heading 4010); (b) plates, sheets and strip or tape, whether or not surface-worked (including square or rectangular articles cut therefrom), with bevelled or moulded edges, with rounded corners, with openwork edges or otherwise worked, or cut to shapes other than rectangular (including square) (heading 4014, 4015 or 4016); (c) fabrics combined with rubber thread (Chapters 50 to 55 or 58); (d) goods of heading 5602 or 5603; (e) textile carpets or other textile coverings backed with cellular rubber (Chapter 57); (f) tyre cord fabric (heading 5902); (g) rubberised textile fabrics as defined in Note 4 to Chapter 59 (heading 5906); (h) knitted or crocheted fabrics combined with rubber thread (Chapter 60).

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.)