CLA-2-35:RR:NC:N2:237 D85931
TARIFF NO: 3506.99.0000
Ms. Jacqueline A. Laine
International Shoe Machine Company
165 Ledge Street
Nashua, New Hampshire 03061
RE: The classification of thermoplastic adhesives from Italy.
Dear Ms. Laine:
In your letter dated December 11, 1998 you requested a tariff classification ruling.
The products designated #A705 (polylamide) and #A806 (polyester) are described as rod-type thermoplastic adhesives made specifically for and used solely in automatic side, heel and toe shoe lasting machines. Samples consist of a 36 inch long sections of thermoplastic rod measuring 4.0 or 4.2 millimeters in diameter and cut from 1.6, 2.0, 2.5 or 6.0 kilogram size reels. Product #A705 is an opaque white thermoplastic derived from polyamide resin and #A806 a translucent yellow thermoplastic derived from polyester resin. Technical brochures indicate that the products are designed, formulated, packaged, advertised, and used as hot-melt adhesives in the manufacture of shoes.
Classification of merchandise under the Harmonized Tariff Schedule of the United States (HTSUS) is governed by the General Rules of Interpretation (GRI). GRI 1 provides that classification is determined first in accordance with the terms of the headings of the tariff and any relative section or chapter notes, and unless otherwise required, according to the remaining GRI’s taken in order.
Heading 3506, HTSUS, provides for prepared glues and other prepared adhesives not elsewhere specified or included. Explanatory Note 35.06(B)(4) provides for preparations specially formulated for use as adhesives, consisting of polymers or blends thereof of headings 39.01 to 39.13 which, apart from any permitted additions to the products of Chapter 39 (fillers, plasticisers, solvents, pigments, etc.), contain other added substances not falling in that Chapter (e.g., waxes). Subheading 3506.99.00, HTSUS, provides for other adhesives based on rubber or plastics (including artificial resins).
Therefore, the applicable subheading for the thermoplastic hot-melt adhesives #A705 and #A806 will be 3506.99.0000, HTSUS, which provides for other adhesives based on rubber or plastics. The rate of duty is 2.1 percent ad valorem.
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