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

Mr. Masanari Kamada
Sekisui Plastics USA Inc.
110 Clifton Way
Mt. Pleasant, TN 38474

RE: Tariff classification of styrene - divinyl benzene copolymer (CAS-9003-70-7) and methyl methacrylate - ethylene glycol dimethacrylate copolymer (CAS-25777-71-3) from Japan.

Dear Mr. Kamada:

In your letter dated July 3, 2012 you requested tariff classifications for two products. You provided MSDS sheets for our review.

Techpolymer SBX is described as 99% or more by weight of styrene - divinyl benzene copolymer (CAS-9003-70-7) in white powder form.

Techpolymer SBX is a copolymer consisting of styrene monomer (vinyl benzene) and divinyl benzene monomer. Copolymers are polymers in which no single monomer unit contributes 95% by weight of the total polymer. Copolymers are classified in the heading covering polymers of that monomer unit which predominates by weight (Note 1). Vinyl benzene (3903) and divinyl benzene (3903) are both polymers of styrene (3903). Copolymers of styrene are classified among the remaining subheadings in that series, covering the monomer which predominates by weight. Monomers of polymers falling in same subheading are taken together (Subheading note 1(a)(4)).

The applicable subheading for Techpolymer SBX styrene - divinyl benzene copolymer 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.

Techpolymer MBX is described as 99% or more by weight of methyl methacrylate - ethylene glycol dimethacrylate copolymer (CAS-25777-71-3) in white powder form.

Techpolymer MBX is a copolymer consisting of methyl methacrylate monomer and ethylene glycol dimethacrylate monomer. Copolymers are polymers in which no single monomer unit contributes 95% by weight of the total polymer. Copolymers are classified in the heading covering polymers of that monomer unit which predominates by weight (Note 1). Methyl methacrylate (3906) and ethylene glycol dimethacrylate monomer (3906) are both acrylic polymers (3906). Acrylic copolymers are classified among the remaining subheadings in that series, covering the monomer which predominates by weight. Monomers of polymers falling in same subheading are taken together (Subheading note 1(a)(4)). The term “plastics” means those materials of 3901 to 3914 which are capable of being formed under external influence (heat) by molding, casting, extruding, etc. into shapes which are retained on removal of external influence.

The applicable subheading for Techpolymer MBX methyl methacrylate - ethylene glycol dimethacrylate copolymer will be 3906.90.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Acrylic polymers, in primary forms: Other: Other: Plastics. The rate of duty will be 6.3% ad valorem.

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,

Thomas J. Russo
Director
National Commodity Specialist Division