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

Ms. Barbara Appleton
AGFA Materials Corporation
1658 Bushy Park Road
Goose Creek, SC 29445-6338

RE: The tariff classification of five conductive polymers consisting of poly(styrenesufonic acid) and poly(ethylenedioxythiophene) in various solvents from Belgium.

Dear Ms. Barbara Appleton:

In your letter dated June 17, 2011 you requested a tariff classification ruling. You provided a Product Description, Certificates of Analysis and MSDS sheets for our review.

Organacon conductive polymers consist of poly(styrenesufonic acid) positive ionomer (PSS) and poly(ethylenedioxythiophene) negative ionomer (PEDOT) in water and/or other solvents that increase drying speed. The products are used as thin, transparent, antistatic coatings for photographic films and in inkjet ink formulations as follows:

Orgacon ICP 1050 Aqueous Solution of 1-5% PEDOT/PSS polymer (CAS-155090-83-8) in water.

Orgacon S305 Coating of 0.5-0.6% PEDOT/PSS in water, diethylene glycol and propanol.

Orgacon IJ-1005 Ink Jet Solution of 1-5% PEDOT/PSS in water, diethylene glycol and ethanol.

Orgacon ANTI CS S300 Coating 0.5-0.6% PEDOT/PSS in water, diethylene glycol and propanol.

Orgacon N-1005 Aqueous Solution 1-5% PEDOT/PSS polymer in water.

The applicable subheading for the five conductive polymers consisting of poly(styrenesufonic acid) and poly(ethylenedioxythiophene) in water and/or various solvents will be 3903.90.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Polymers of styrene, in primary forms: Other: Other. 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 (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., 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 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