CLA-2-34:RR:NC:SP:236 L85646

Mr. Emanuel Reis
ExpoMix Corporation
1099 Brown St., Unit 203
Wauconda, IL 60084

RE: The tariff classification of ExpoMix PUMA® 5000 line from China

Dear Mr. Reis:

In your letter dated June 6, 2005 you requested a tariff classification ruling. Our laboratory has analyzed the eleven samples that you submitted.

Your descriptive literature states that your products are silicone based foam stabilizers that will be used in the manufacturing of polyurethane foam.

The applicable subheading for the ExpoMix PUMA ® 5010, 5020, 5030, 5040, 5050, 5060, 5070, 5110 and 5220 will be 3402.13.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 3401: Organic surface-active agents, whether or not put up for retail sale: Nonionic: Other: Other. The rate of duty will be 3.7 percent ad valorem. The applicable subheading for the ExpoMix PUMA ® 5210 and 5230 will be 3402.90.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for Organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 3401: Other: Other: Other: Other. The rate of duty will be 3.7 percent ad valorem.

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/.

You did not submit a sample of item 5240. If you decide to resubmit your request, please include a sample, CAS numbers and a component breakdown for item 5240 and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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 Debra Wholey at 646-733- 3034.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division