CLA-2-39:OT:RR:NC:N2:SP:237
Mr. Max Turnipseed
MCT International
4263 Broussard Street
Post Office Box 66302
Baton Rouge, LA 70896-6302
Dear Mr. Turnipseed:
RE: The tariff classification of Fluorolink 5032 polyfluoropolyether based resin in
aqueous dispersion from Italy. In your letter dated March 12, 2009, on behalf of Solvay Solexis, Inc., you requested a tariff classification ruling. You provided, Product Data Sheets, MSDS Sheets and a Detailed Description for our review. Your sample was forwarded to our laboratory for analysis.
Fluorolink 5032, is described as a cationic polyurethane based on a perfluoropolyether backbone (23-26%) in water dispersion (68-72%) usable for the oil and water repellent treatment of textiles. You suggest classification under subheading 3402.12.5000, HTSUS, which provides for other cationic organic surface-active agents.
Chapter 34 Note 3. is relevant to your product and provides: For the purpose of heading 3402, “organic surface-active agents” are products which when mixed with water at a concentration of 0.5 percent at 20o C and left to stand alone for one hour at the same temperature: (a) Give a transparent or translucent liquid or stable emulsion without separation of insoluble matter; and (b) Reduce the surface tension of water to 4.5 x 10-2 N/m (45 dyne/cm) or less.
Based on Customs Lab Report NY20090399 dated March 23, 2009: “Laboratory analysis found the sample Fluorolink 5032, a hazy white dispersion, to contain water and a perfluoropolyether (nonaromatic). No polyurethane was detected. When the sample was mixed with water at a concentration of 0.5 percent, the surface tension was measured to be 56.61 mN/m. This does not meet the definition of a surface active agent as described in Chapter 34 Note 3.” (Note: 56.61 mN/m = 56.61 dyne/cm which exceeds the 45 dyne/cm limit in Chapter 34 Note 3 (b) above).
Therefore, the applicable subheading for Fluorolink 5032 polyfluoropolyether based resin in aqueous dispersion will be 3907.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Other polyethers. The rate of duty will be 6.5% 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/.
This merchandise may be subject to the requirements of the Toxic Substances Control Act, which are administered by the U.S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their website at www.epa.gov.
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 entry documents filed at the time merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Frank Cantone at 646-733-3038.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division