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

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

RE: Tariff classification of various polyurethane, isocyanate and polyester resins from France.

Dear Ms. Rambo:

In your letter dated November 3, 2010 you requested a tariff classification ruling for five polymer resins. You provided MSDS sheets and percent by weight component breakdowns.

EPS179 consists of 60% polyurethane resin dispersed in 40% ethyl acetate solvent.

EPS74 consists of 63% proprietary polymer dispersed in 36% ethyl acetate solvent.

HZ1 consists of 100% methylene diphenyl isocyanate resin (MDI).

GL3334 consists of 65% polyester resin dispersed in 35% ethyl acetate solvent.

EPS988 consists of 70% polyester resin dispersed in 30% acetone solvent.

The applicable subheading for EPS179 polyurethane resin dispersed in solvent will be 3909.50.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Polyurethanes: Other, in primary forms. The rate of duty will be 6.3% ad valorem.

The applicable subheading for HZ1 methylene diphenyl isocyanate resin (MDI) will be 3909.30.0000, Harmonized Tariff Schedule of the United States HTSUS, which provides for: Other amino resins, in primary forms. The rate of duty will be 6.5% ad valorem.

The applicable subheading for GL3334 and EPS988 polyester resins dispersed in solvents will be 3907.99.0150, HTSUS, which provides for: Other polyesters: Other: Other, in primary forms. The rate of duty will be 6.5% ad valorem.

We are returning your request for a ruling on EPS74 because we need the chemical name or class of the proprietary polymer in order to issue a ruling. When this information is available, you may resubmit your request, along with all of the material that we have returned to you, 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. Since your request was submitted electronically and the information required does not involve sending a sample, you can resubmit your request and the additional information electronically.

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