Commission Regulation (EC) No 594/2009
Of 8 July 2009 — CELEX 32009R0594
Description of the goods
1. Vinylidene fluoride and hexafluoro propylene copolymer in primary form. This material displays the stretching and recovery properties of elastomers but cannot be vulcanised with sulphur. In order to cross-link, this copolymer requires basic compounds or certain peroxides.
Reasons
The classification is determined by the provisions of General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Notes 1, 4 and 6 to Chapter 39, Note 4(a) to Chapter 40, subheading Note 1 to Chapter 39 and the wording of CN codes 3904, 3904 69 and 3904 69 90. Vinylidene fluoride and hexafluoropropylene copolymer does not comply with the definition of synthetic rubbers contained in Note 4(a) to Chapter 40 since it cannot be vulcanised with sulphur. Poly (vinylidene fluoride) is a polymer belonging to Chapter 39 (see the Harmonised System Explanatory Notes (HS EN), General Notes to Chapter 39, list of abbreviations of polymers and Notes relating to heading 3904, last paragraph). A vinylidene fluoride and hexafluoropropylene copolymer in primary form is a fluorinated copolymer to be classified in Chapter 39 under CN code 3904 69 90, according to Notes 1, 4 and 6 to Chapter 39 and subheading Note 1 to Chapter 39.
Description of the goods
2. Fluoroelastomer O-ring seals (vinylidene fluoride and hexafluoropropylene copolymer). The constituent material of this product (vinylidene fluoride and hexafluoropropylene copolymer) displays the stretching and recovery properties of elastomers, but cannot be vulcanised with sulphur. In order to cross-link, it requires basic compounds or certain peroxides.
Reasons
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Notes 1 and 4 to Chapter 39, Note 4(a) to Chapter 40, Note 2 to Section XVI, Note 2 to Chapter 90 and the wording of CN codes 3926, 3926 90 and 3926 90 97. This product is an elastomeric seal for general use. Therefore it is not a recognizable part of a machine in the meaning of Note 2 to Section XVI and Note 2 to Chapter 90 of the CN, and consequently excluded from Section XVI and Chapter 90. The constituent material of this product does not comply with the definition of synthetic rubbers contained in Note 4(a) to Chapter 40, since it cannot be vulcanised with sulphur. Poly (vinylidene fluoride) is a polymer belonging to Chapter 39 (see the Harmonised System Explanatory Notes (HS EN), General Notes to Chapter 39, list of abbreviations of polymers and Notes relating to heading 3904, last paragraph). Vinylidene fluoride and hexafluoropropylene copolymer is a fluorinated copolymer which should be classified in Chapter 39. Consequently, the product in question is a plastic product belonging to Chapter 39 and not specified or included elsewhere in the combined nomenclature, and should therefore be classified under CN code 3926 90 97.