CLA-2-35:OT:RR:NC:N2:237

Ms. Vanessa Rambo
Bostik, Inc.
11320 Watertown Plank Road
Wauwatosa, WI 53226

RE: The tariff classification of Durabond D-740, D-850, D-815 adhesives and Webcrete 98 cement patch from various countries.

Dear Ms. Rambo:

In your letter dated September 3, 2010 you requested a tariff classification ruling for four Bostik adhesive products. You provided a Product Information and MSDS sheets for our review.

Durabond D-740 is described as an acrylic resin based multipurpose wall adhesive paste with a solids content of 72.8% and consistency of medium paste. The product is designed for adhering rubber and vinyl cove base, FRP panel and wall carpet over dry surfaces including: drywall, latex painted surfaces, concrete, brick, wood and particle board. Application is by notched trowel or cartridge. The product comes packed in 4 gallon and 1 gallon pails as well as 30 ounce cartridges.

Durabond D-850 is described as a synthetic latex and resin based carpet adhesive paste with a solids content of 62% and consistency of soft paste. The product is designed as a fast grab carpet adhesive for commercial and residential installations of most types of carpet backings including: rubber, jute, ActionBac, enhancer, closed cell urethane, latex unitary and woven over structurally sound dry concrete, APA underlayment grade plywood and well bonded VCT and resilient flooring. Application is by notched trowel. The product comes packed in 4 gallon pails.

Durabond D-815 is described as a synthetic resin based carpet seam and multi-use adhesive with a solids content of 20% and consistency of medium syrup. The product is designed as a fast grab adhesive for seaming and bonding carpet edges, tack strips, rubber cove base, rubber/metal reducers or stair treads, and many types of backings including: hot melt, unitary latex, woven, Axminster, enhancer, ActionBac, enhancer, jute, rubber and outdoor carpet over dry surfaces including: concrete and plywood. Application is by applicator bottle. The product comes packed in pints and quarts packaged 12 per case.

Webcrete 98 is described as a premium fast-setting latex-fortified cement patch when mixed with water. The product is designed for interior use as an underlayment powder to skim coat, feather-edge finish, patch and smooth floors prior to installation of ceramic tile, carpet, resilient and wood flooring. The high concentration of polymer enables the product to be used as an embossed floor leveler when mixed only with water. Application is by trowel. The product comes packed in 25 pound individual bags and 5 pound bags packaged 6 per case.

The applicable subheading for Durabond D-740 Multipurpose Wall Adhesive and Durabond D-850 Carpet Adhesive will be 3214.10.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Mastics: Other. The rate of duty will be 3.7% ad valorem.

The applicable subheading for Durabond D-815 Carpet Seam and Multi-Use Adhesive will be 3506.91.0000, HTSUS, which provides for: Adhesives based on polymers of headings 3901 to 3913 or on rubber. The rate of duty will be 2.1% ad valorem.

The applicable subheading for Webcrete 98 Premium Fast-Setting Latex-Fortified Cement Patch will be 3214.10.0090, HTSUS, which provides for: Painters’ fillings. The rate of duty will be 3.7% 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 (TSCA), 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., Washington, D.C. 20460, by calling the TSCA Assistance Line at (202) 554-1404, by Fax at (202) 554-5603, by e-mail to: [email protected] 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 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