CLA-2-38:S:N:N1:235 858926

Mr. Ralph C. Meola
Rhone-Poulenc Inc.
CN 5266
Princeton, New Jersey 08543-5266

RE: The tariff classification of Flatosil 411 T and Flatosil 421 T from France.

Dear Mr. Meola:

In your letter dated December 4, 1990 you requested a tariff classification ruling. Based on the information submitted, these mixtures, consisting of over 95% amorphous precipitated silica and less than 5% polyethylene wax, will be used as a flattening agent for paints and coatings.

The applicable subheading for the Flatosil 411 T and Flatosil 421 T will be 3823.90.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for other mixtures not elsewhere provided for. The rate of duty will be 5 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport