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

Mr. Johnny Mucciarone
Customs Compliance Consultant
Trade Aid Consultants Inc.
10636 Côte de Liesse
Montréal, Québec
Canada H8T 1A5

RE: The tariff classification of Maxinol 5160 (CAS-71050-62-9) acrylic resin from Canada.

Dear Mr. Mucciarone:

In your letter dated July 8, 2009, on behalf of Lexikem Canada Inc., you requested a tariff classification ruling. You provided a Certificate of Analysis and MSDS sheets for our review.

Maxinol 5160 is a liquid acrylic resin consisting of a 30-60% concentration of low molecular weight phosphino carboxylic acid polymer in aqueous solution. The product will be imported in 250 kilogram polydrums for use as a dispersant and scale inhibitor in oil field applications, cooling water treatment and boiler water treatment. The applicable subheading for Maxinol 5160 acrylic resin will be 3906.90.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Acrylic polymers in primary forms: Other: Other: Other. The rate of duty will be 4.2%, ad valorem.

This merchandise may be subject to the requirements of the Toxic Substances Control Act administered by the U.S. Environmental Protection Agency (EPA). You may contact the EPA located at 402 M Street, S.W., Washington, D.C. 20460, at telephone number 204-554-1404.

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 at (646) 733-3038.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division