CLA-2 CO:R:G 082365 JH
District Director of Customs
          Detroit, Michigan 48226-2568
          RE: Classification of a Urethane Sealant Adhesive
          Dear Sir:
              This is a decision on an application for further review of
          Protest No. 3801-7-001162.
          FACTS:
              The imported product is an urethane based material used in
          the automotive industry.  In the United States a pre-polymer
          solution is produced which is sent to Canada where it is made
          into a urethane sealant.  It is shipped back to the United States
          and used in the automotive industry to adhere windshields to the
          frame of the automobile.  The composition is given as
          diphenylmethane diisocyanate based urethane polymer-55 percent by
          weight, toluene-5 percent by weight, carbon black-15 percent by
          weight, and aluminum silicate-25 percent by weight.
          ISSUE:
              Whether the urethane sealant is classifiable under the
          provision for polyurethane resins in item 409.14, Tariff
          Schedules of the United States (TSUS), or the provision for
          cements, not specially provided for, in item 494.60, TSUS.
          LAW AND ANALYSIS:
              A spokesman for the importing company stated that the product
          is based on a polyurethane polymer and is used to seal
          windshields to the frame of the automobile.  He indicated that
          the product was made in compliance with federal regulations on
          the subject and met all the standards, especially in regard to
          impact and crash specifications.  In the Handbook of Adhesives,
          it is noted that most polyisocyante urethane sealants are used in
          the automobile industry for sealing windshields.   
- 2 -
              Under the Tariff Schedules of the United States, Customs
          initially took the view that although many plastics materials had
          adhesive qualities, in those instances where the materials were
          imported in bulk and met the definitions of synthetic plastics
          materials, as reflected in Headnote 2, Part 4A, Schedule 4, TSUS,
          they would be classified as plastics materials.  However, this
          view was modified by court decisions such as Naftone, Inc. v.
          United States, C.D. 4578, which concerned the classification of a
          plastics material used as a cement.  The court noted that the
          evidence established overwhelmingly that the product was a cement
          within the common meaning of the term.  It went on to state that
          a substance which is specifically designed for the cementing of
          materials to each other and which in its imported condition can
          accomplish this purpose, is a cement within the meaning of the
          term.
              In this case the imported product is a plastics material
          which is specifically made as a urethane sealant for, and used
          by, the automotive industry to seal windshields to the frame.
          HOLDING:
              The protest is allowed in full.
              A copy of this decision should be furnished to the importer
          with the Form 19 Notice of Action.
                                        Sincerely,
John Durant, Director
                                        Commercial Rulings Division
6cc:  AD NY Seaport
          JGHurley gc/3/6/89-3/10/89 fnl/3/16/89