1.
-
Except where the context otherwise requires, throughout the Nomenclature
the expression “rubber” means the
following products, whether or not vulcanised or hard: natural rubber,
balata, gutta-percha, guayule, chicle and similar natural gums,
synthetic rubber, factice derived from oils, and such substances
reclaimed.
2. -
This Chapter does not cover:
(a)
Goods of
Section XI (textiles and textile articles);
(b)
Footwear
or parts thereof of Chapter 64;
(c)
Headgear
or parts thereof (including bathing caps) of Chapter 65;
(d)
Mechanical
or electrical appliances or parts thereof of Section XVI (including
electrical goods of all kinds), of hard rubber;
(e)
Articles
of Chapter 90, 92, 94 or 96; or
(f)
Articles
of Chapter 95 (other than sports gloves, mittens and mitts and articles
of headings 40.11 to 40.13).
3. -
In headings 40.01 to 40.03 and 40.05, the expression “primary
forms” applies only to the following forms:
(a)
Liquids
and pastes (including latex, whether or not pre-vulcanised, and other
dispersions and solutions);
(b)
Blocks of
irregular shape, lumps, bales, powders, granules, crumbs and similar
bulk forms.
4. -
In Note 1 to this Chapter and in heading 40.02, the expression “synthetic
rubber” applies to:
(a)
Unsaturated
synthetic substances which can be irreversibly transformed by
vulcanisation with sulphur into non-thermoplastic substances which, at a
temperature between 18 °C and 29 °C,
will not break on being extended to three times their original length
and will return, after being extended to twice their original length,
within a period of five minutes, to a length not greater than one and a
half times their original length. For the purposes of this test,
substances necessary for the cross-linking, such as vulcanising
activators or accelerators, may be added; the presence of substances as
provided for by Note 5 (B) (ii) and (iii) is also permitted. However,
the presence of any substances not necessary for the cross-linking, such
as extenders, plasticisers and fillers, is not permitted;
(b)
Thioplasts
(TM); and
(c)
Natural
rubber modified by grafting or mixing with plastics, depolymerised
natural rubber, mixtures of unsaturated synthetic substances with
saturated synthetic high polymers provided that all the above-mentioned
products comply with the requirements concerning vulcanisation,
elongation and recovery in (a) above.
5. -
(A) Headings 40.01 and 40.02 do not apply to any rubber or mixture of
rubbers which has been compounded, before or after coagulation, with :
(i)
vulcanising agents, accelerators, retarders or activators (other than
those added for the preparation of pre-vulcanised rubber latex);
(ii)
pigments or other colouring matter, other than those added solely for
the purpose of identification;
(iii)
plasticisers or extenders (except mineral oil in the case of
oil-extended rubber), fillers, reinforcing agents, organic solvents or
any other substances, except those permitted under (B);
(B)
The presence of the following substances in any rubber or mixture of
rubbers shall not affect its classification in heading 40.01 or 40.02,
as the case may be, provided that such rubber or mixture of rubbers
retains its essential character as a raw material :
(i)
emulsifiers or anti-tack agents;
(ii)
small amounts of breakdown products of emulsifiers;
(iii)
very small amounts of the following : heat-sensitive agents (generally
for obtaining thermosensitive rubber latexes), cationic surface-active
agents (generally for obtaining electropositive rubber latexes),
antioxidants, coagulants, crumbling agents, freeze-resisting agents,
peptisers, preservatives, stabilisers, viscosity-control agents, or
similar special-purpose additives.
6. -
For the purposes of heading 40.04, the expression “waste,
parings and scrap” means rubber waste, parings and
scrap from the manufacture or working of rubber and rubber goods
definitely not usable as such because of cutting-up, wear or other
reasons.
7. -
Thread wholly of vulcanised rubber, of which any cross-sectional
dimension exceeds 5 mm, is to be classified as strip, rods or profile
shapes, of heading 40.08.
8. -
Heading 40.10 includes conveyor or transmission belts or belting of
textile fabric impregnated, coated, covered or laminated with rubber or
made from textile yarn or cord impregnated, coated, covered or sheathed
with rubber.
9. -
In headings 40.01, 40.02, 40.03, 40.05 and 40.08, the expressions “plates”,
“sheets” and “strip”
apply only to plates, sheets and strip and to blocks of regular
geometric shape, uncut or simply cut to rectangular (including square)
shape, whether or not having the character of articles and whether or
not printed or otherwise surface-worked, but not otherwise cut to shape
or further worked.
In heading 40.08 the expressions “rods”
and “profile shapes” apply only to
such products, whether or not cut to length or surface-worked but not
otherwise worked.