CLA-2-39:RR:NC:N2:237 D85949

TARIFF NO: 3902.90.0050

Mark A. DiGiovanni
Vice President
Cobra Industries
P.O. Box 2573
Fall River, MA 02722

RE: The classification of ten polymers of butadiene from the Czech Republic.

Dear Mr. DiGiovanni: In your letter dated December 16, 1998 you requested a tariff classification ruling on ten polymers of butadiene. KRASOL LB is described as a liquid, low molecular weight polymer of butadiene, without functional groups, produced by anionic polymerisation. It is used as a processing additive in rubber compounds containing similar grades of rubber, where it acts as a plasticizer or an additive decreasing the adhesion of the prepared compounds.

KRASOL LBH is described as a liquid, low molecular weight polymer of butadiene with terminal hydroxyl groups, produced by anionic polymerisation. It is primarily used as the polyol component of polyurethane systems.

KRASOL LBD is described as a liquid, low molecular weight polymer of butadiene with terminal isocyanate groups, produced by anionic polymerisation. It is primarily used in the synthesis of polyurethanes.

KRASOL LBM-22 and KRASOL LBM-32 are described as liquid, low molecular weight polybutadienes, with terminal maleic and fumaric acids semi-ester groups, produced from hydroxyl-terminated polybutadiene and maleic anhydride. Uses include the modification of epoxide resins and inorganic fillers.

KRASOL NN22, KRASOL NN23, KRASOL NN24, KRASOL NN32 and KRASOL NN33 are described as liquid, polymers of butadiene, based on hydroxyl terminated polybutadiene and a selected grade of MDI (4,4'-Diphenylmethane diisocyanate). They are used as binders in the production of composite rubber products, in particular from rubber granulate.

The applicable subheading for all ten polymers of butadiene will be 3902.90.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for polymers of propylene or of other olefins, in primary forms: other: other. The rate of duty is 0.4 cents per kilogram plus 6.7 percent ad valorem. Effective January 1, 1999 the rate of duty will be 6.5 percent ad valorem.

Articles classifiable under subheading 3902.90.0050, HTSUS, which are products of the Czech Republic are eligible for duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA) which is administered by the U.S. Environmental Protection Agency. You may contact the Agency at 402 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (908) 321-6669.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist F. Cantone at 212-466-5488.


Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division