CLA-2-39:OT:RR:E:NC:N2:237

Mr. Bill Hammons
C3G Customs Services
975 E. Nerge Road
Suite S-50
Roselle, IL 60172-4826

RE: The tariff classification of Ultra Lube D-806 Linear Low Density Polyethylene (CAS-9002-88-4) from Germany.

Dear Mr. Hammons:

In your letter dated June 4, 2009 on behalf of Keim-Additec Surface USA, you requested a tariff classification ruling for Ultra Lube D-806 Linear Low Density Polyethylene. You did not submit a sample. You have provided an MSDS sheet and a list of components as follows: 50% linear low density Polyethylene, 40% Water, 6% Oxidized Polyethylene, 4% Ethoxylated alcohols.

Ultra Lube D-806 is described as an aqueous wax additive in which linear low density polyethylene particles of an average particle size of about 8┬Ám are dispersed in water. The product will be incorporated into aqueous coatings such as water based printing inks to improve the surface qualities of the coating, ink and lacquers.

The applicable subheading for the article will be 3901.10.5010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for polymers, in primary forms: linear low density polyethylene. The rate of duty will be 6.5%.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Frank Cantone 646) 733-3038.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division