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of <h1>Unvulcanised compound rubber held classifiable under Customs Tariff Heading 4005 and TI 4005 1000, confirms prior ruling</h1> The Customs AAR, Mumbai held that the applicant's product described as 'compound rubber unvulcanised' is classifiable under Heading 4005 and TI 4005 1000 ... Classification of Compound rubber unvulcanised - classifiable under CTI 40051000 of the First Schedule of the Customs Tariff Act, 1975 or otherwise? - HELD THAT:- Ongoing through the Heading 4005, Notes to Chapter 40 and explanatory notes under Chapter 40 and Heading 4005. It is found that Heading 4005 of the Customs Tariff Act, 1975 under TI 4005 1000, specifically covers rubber compounded with carbon black in primary form or in plates, sheet or strip, which is unvulcanized. The HSN Explanatory Notes further explains that the said Heading includes rubber compounded with carbon black along with other ingredients. Accordingly, I find that Heading is not restricted only to rubber compounded with carbon black alone, but is inclusive in nature, covering rubber compounded with other ingredients as well, in addition to carbon black. HSN Explanatory Notes under Chapter 40 explains that it is Chapter Note 5 to Chapter 40 of the Customs Tariff Act, 1975 which provides for the criteria to distinguish between rubber or mixtures of rubber in primary forms, plates, sheets or strip, which have not been compounded (Headings 4001 and 4002) from those which have been compounded (Heading 4005) - As per Chapter Note 5 to Chapter 40 of the Customs Tariff Act, 1975, what is covered by Heading 4005 is, therefore, that rubber or mixture of rubber, which has been compounded, before or after coagulation, with vulcanizing agents, accelerators, activators (other than those added for preparation of pre vulcanized rubber latex), pigments or other coloring matter (other than those added solely for the purpose of identification), plasticizers 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 Note 5(B) to the HSN Explanatory Notes under Chapter 40. Following are the criterion which are required to be satisfied by a product to merit classification under Heading 4005 and TI 4005 1000 of the Customs Tariff Act, 1975: a) The product must consist of rubber or a mixture of rubber; b) The rubber could be compounded with Carbon Black. In addition, it can also be compounded with other ingredients such as vulcanizing agents, other substances such as dispersing agents, accelerators, notified activators, fillers etc. so long that the said compounding renders the mixture to be a vulcanisable mixture, but not vulcanized; c) The compounded rubber, however, must not be vulcanized i.e., there must not be cross linkage between the rubber and sulfur or the vulcanizing agent, whether or not using heat or pressure, or by radiation or high energy, so much so that the rubber passes from a mainly plastic state to a mainly elastic state; d) The product is required to either be in the 'primary form' or in the form of plates, sheets, strip and/or 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 the present case, the product intended to be imported by the Applicant duly satisfies all the aforesaid criterion, to merit classification under Heading 4005 and TI 4005 1000 of the Customs Tariff Act, 1975. Relaince also placed on the the Hon'ble Customs Authority for Advance Ruling, Mumbai in the case of MRF Ltd. [2023 (10) TMI 1306 - AUTHORITY FOR ADVANCE RULINGS CUSTOMS, MUMBAI], while dealing with a similar product, has passed a Ruling, classifying the said similar product under Heading 4005 and TI 4005 1000 of the Customs Tariff Act, 1975. The said Ruling is squarely applicable to the present case as well and there is no different view by any superior Authority is placed on record against it. Thus, the subject goods i.e 'Compound rubber unvulcanised' merit classification under Tariff Heading 4005 and specifically under TI 4005 1000 of the Customs Tariff Act, 1975. 1. ISSUES PRESENTED AND CONSIDERED 1.1 Whether the imported product described as 'Compound rubber unvulcanised', consisting of dry natural rubber compounded with carbon black and stearic acid in block/sheet form, is classifiable under Heading 4005 and Tariff Item 4005 1000 of the First Schedule to the Customs Tariff Act, 1975. 2. ISSUE-WISE DETAILED ANALYSIS 2.1 Legal framework for classification of compounded unvulcanised rubber 2.1.1 The Court applied Rule 1 of the General Rules for the Interpretation of the Schedule, holding that classification must be determined according to the terms of the headings and relevant Section or Chapter Notes, and not by the titles of Sections/Chapters. 2.1.2 Chapter 40 Notes were examined. Note 1 defines 'rubber' to include natural rubber and similar gums, synthetic rubber, factice derived from oils, and such substances reclaimed, whether or not vulcanised or hard. Note 3 defines 'primary forms' for headings 4001 to 4003 and 4005 to include blocks of irregular shape, lumps, bales, powders, granules, crumbs and similar bulk forms, as well as liquids and pastes. 2.1.3 Note 5 to Chapter 40 was specifically considered to distinguish between un-compounded rubber of headings 4001 and 4002 and compounded rubber of heading 4005. Under Note 5(A), headings 4001 and 4002 do not apply where rubber has been compounded, before or after coagulation, with vulcanising agents, accelerators, retarders, activators (with a limited exception), pigments or other colouring matter (other than for identification), plasticisers or extenders (with a specific exception), fillers, reinforcing agents, organic solvents or any other substances, except those permitted under Note 5(B). Note 5(B) lists substances whose presence does not affect classification under headings 4001 or 4002, provided the rubber retains its essential character as a raw material. 2.1.4 The Court referred in detail to the HSN Explanatory Notes to Chapter 40 and Heading 4005. The Notes state that: (a) Chapter 40 covers rubber in raw or semi-manufactured states and articles of rubber; (b) heading 4005 covers compounded rubber, unvulcanised, in primary forms or in plates, sheets or strip; (c) 'compounded rubber' includes mixtures of rubber with substances such as vulcanising agents, activators, fillers, extenders, plasticisers etc., which render the mixture vulcanisable; and (d) heading 4005.10 covers rubber compounded with carbon black or silica, including carbon black masterbatch, with or without other ingredients. 2.1.5 The HSN Explanatory Notes further define 'vulcanised' rubber as rubber cross-linked with sulphur or another vulcanising agent, whether or not using heat, pressure, or radiation, so that it passes from a mainly plastic to a mainly elastic state. The Court adopted this understanding to distinguish unvulcanised from vulcanised rubber. 2.2 Application of legal framework to the product 'Compound rubber unvulcanised' 2.2.1 The product was factually found to consist of natural rubber (97%), carbon black N330 (2%) and stearic acid (1%), in the form of compound rubber blocks/sheets. The Court accepted that the natural rubber is 'rubber' within Chapter 40 and that the product is in a form covered by 'primary forms' and plates/sheets/blocks as per Note 3 and Note 9 read with the HSN, thereby bringing it within the form requirement of Heading 4005. 2.2.2 Applying Note 5 and the HSN, the Court held that rubber mixed with carbon black and a filler/processing aid (stearic acid) constitutes 'compounded rubber' for Heading 4005. Carbon black was treated as a filler/reinforcing agent, and stearic acid as a permissible ingredient used to aid dispersion of carbon black and improve physical properties. This took the product out of headings 4001/4002 and into heading 4005. 2.2.3 The Court found that the product did not contain sulphur or any vulcanising agent. On this basis, the product could not be regarded as vulcanised rubber because there was no cross-linkage causing a change from a mainly plastic to a mainly elastic state. The product remained in a mainly plastic state, satisfying the condition of being 'unvulcanised' for Heading 4005. 2.2.4 Examining Tariff Item 4005 1000, which covers 'Compounded with carbon black or silica', the Court noted, with reliance on the HSN Explanatory Notes, that this subheading covers rubber compounded with carbon black or silica, with or without other ingredients. It concluded that the subheading is not restricted to mixtures of rubber and carbon black alone but extends to mixtures containing carbon black plus additional compounding ingredients, provided the mixture remains unvulcanised and in the prescribed forms. 2.2.5 The Court distilled the operative criteria for classification under Heading 4005 and TI 4005 1000 as: (a) the product must consist of rubber or a mixture of rubbers; (b) it must be compounded with carbon black (with the possibility of other compounding ingredients that render the mixture vulcanisable, but still unvulcanised); (c) it must not be vulcanised; and (d) it must be in primary forms or in plates, sheets, strips or blocks of regular geometric shape, without further working beyond simple cutting or surface working. 2.2.6 On facts, the Court held that all these criteria were satisfied: the product is natural rubber (rubber under Chapter 40); it is compounded with carbon black and stearic acid; the additional ingredient (stearic acid) is a permissible compounding agent consistent with Note 5; the product is unvulcanised, with no sulphur or vulcanising agent present; and it is imported in blocks/sheets falling within the prescribed forms. 2.2.7 The Court also noted and followed a prior ruling of the same Authority involving a similar product, where classification under Heading 4005 and TI 4005 1000 was upheld. Finding no contrary view from any superior authority, the Court treated that ruling as persuasive and consistent with the present reasoning. 2.3 Conclusions 2.3.1 The product 'Compound rubber unvulcanised', being dry natural rubber compounded with carbon black and stearic acid, in block/sheet form, is 'compounded rubber, unvulcanised, in primary forms or in plates, sheets or strip' within the meaning of Heading 4005. 2.3.2 Since the rubber is compounded with carbon black and remains unvulcanised, and the presence of additional permissible compounding ingredients does not exclude it from the subheading, the product specifically falls under Tariff Item 4005 1000. 2.3.3 The Court therefore ruled that the subject goods merit classification under Heading 4005 and more precisely under Tariff Item 4005 1000 of the First Schedule to the Customs Tariff Act, 1975.
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