CLA-2-32:OT:RR:NC:2:236

Ms. Nora Scala
OEC Freight Chicago
555 Pierce Road, Suite 210
Itasca, IL 60143

RE: The tariff classification of “Herculiner” from South Africa

Dear Ms. Scala:

In your ruling request received November 26, 2014, on behalf of your client, Old World Industries, LLC, you requested a tariff classification ruling on “Herculiner.” The submitted sample has been reviewed and will be returned.

You have described the product at issue as a tough, one-part polyurethane with self-contained rubber granules that give it an attractive, tough textured appearance. During the curing process, “Herculiner” is exposed to atmospheric moisture, which chemically changes it from a liquid to a tough, polyurethane membrane. The provided sample is packaged for retail sale in a quart sized metal can, which indicates that “Herculiner” is a do-it-yourself roll on truck bed liner.

The applicable subheading for “Herculiner” will be 3214.90.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Glaziers’ putty, grafting putty, resin cements, caulking compounds and other mastics; painters’ fillings; nonrefractory surfacing preparations for facades, indoor walls, floors, ceilings or the like: Other: Based on rubber. The general rate of duty will be free.

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.

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 Nuccio Fera at [email protected].

Sincerely,

Gwenn Klein Kirschner
Director
National Commodity Specialist Division