CLA-2-39:S:N:N1:238 867125
Ms. Dody Trombley
F.W. Myers & Co., Inc.
33 West Service, P.O. Box 188
Champlain, New York 12919
RE: The tariff classification of Safethane 40, a two component
polyurethane foam spray from Canada
Dear Ms. Trombley:
In your letter dated September 9, 1991 you requested a tariff
classification ruling on behalf of your client, Enerlab.
Safethane 40 is a two component polyurethane foam in spray form.
It is composed of component A (polyisocyanate) and component B (polyol
premix) and will be used in the manufacturing of interior building
material.
The applicable subheading for the Safethane 40 will be
3909.50.5000, Harmonized Tariff Schedule of the United States (HTS),
which provides for other polyurethanes. The duty rate will be 6.3
percent.
Goods classifiable under subheading 3909.50.5000, which have
originated in the territory of Canada, will be entitled to a 2.5
percent rate of duty under the United States-Canada Free Trade
Agreement (FTA) upon compliance with all applicable regulations.
This merchandise may be subject to the regulations of the
Environmental Protection Agency, Office of Pesticides and Toxic
Substances. You may contact them 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 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