CLA-2 CO:R:C:F 953917 ALS

TARIFF NO: 3506.10.5000

Mr. Jack Ryan
Senior Customs Analyst
3M Center
PO Box 33250
St. Paul, MN 55133-3250

RE: Adhesive Transfer Tape

Dear Mr. Ryan:

This is reference to your request for information as to the classification of certain adhesive transfer tapes. A sample of the product was furnished with your request.

FACTS:

The products are adhesive transfer tapes that are used for attaching a wide variety of similar and dissimilar materials. The tape is applied to the surface of the first article, the paper liner is then pulled away and discarded, leaving an adhesive strip to which the second article can be applied, thereby bonding the two surfaces together. The products, according to literature furnished with the request, fall within the A-25 or A-60 Acrylic Adhesive Family. The former is a firm acrylic pressure-sensitive adhesive system which provides high adhesion to a variety of surfaces. The latter is a medium-firm acrylic pressure-sensitive adhesive system which feature very high initial adhesion and good shear holding power to a wide variety of materials.

ISSUE:

What is the classification of the subject products?

LAW AND ANALYSIS:

Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is governed by - 2 -

the General Rules of Interpretation (GRI's) taken in order. GRI 1 provides that the classification is determined first in accordance with the terms of the headings and any relative section and chapter notes. If GRI 1 fails to classify the goods and if the heading and legal notes do not otherwise require, the remaining GRI's are applied, taken in order.

The product is an adhesive designed to hold two surfaces together. The surfaces which the tape holds together may be composed of the same or different materials. The type of adhesive tape needed for a particular purpose will depend on the materials to be held together, the degree of adhesion necessary and the types of surfaces involved.

In use the tape is applied to the surface of the first article, the paper liner is then pulled away and discarded, leaving an adhesive strip to which the second article can be applied. Once this is done the two surfaces are bonded together. A dispenser can also be used which will simultaneously apply the adhesive and strip off the paper liner.

In considering the above and after examining the sample, we have concluded that the adhesive transfer tapes are adhesive with a temporary backing. The paper temporary backing, which is discarded after application of the tape, merely keeps the tape in a useful form and is in the nature of packaging.

HOLDING:

Adhesive transfer tapes composed of an acrylic adhesive with a temporary paper backing is classifiable in subheading 3506.10.5000, Harmonized Tariff Schedule of the United States Annotated (HTUSA). This provision covers products suitable for use as glues or adhesives, put up for retail sale, not exceeding a net weight of 1 kg., other. Products classifiable under the above subheading are subject to a general rate of duty of 2.1 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division