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

Mr. Mark D. Pinchok
Bayer International Trade
Services Corporation
100 Bayer Road
Pittsburgh, PA 15205

RE: The tariff classification of a polyurea granular powder from Germany.

Dear Mr. Pinchok:

In your letter dated March 7, 2011 you requested a tariff classification ruling. You provided a Product Data Sheets and Material Safety Data Sheets (MSDS) for our review.

Based on your MSDS data, Baycusan C-1005 is a white granular powder consisting of 99% polyurea and 1% sodium hydroxide for use as a film former, sensory additive and versatile filler in the manufacture of a wide range of decorative cosmetics, skin and sun care products.

The applicable subheading for Baycusan C-1005 consisting of 99% polyurea and 1% sodium hydroxide will be 3909.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Amino-resins, phenolic resins and polyurethanes, in primary forms: Urea resins. The rate of duty will be 6.5%.

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.

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