CLA-2-39:RR:NC:SP:237 R01338

Mr. Patrick Kinney
Fuji Photo Film, Inc.
211 Pucketts Ferry Rd.
Greenwood, South Carolina 29649

RE: The tariff classification of 100% 4-phenylaminobenzenediazonium salt with 4-methylbenzenesulfonic acid-formaldehyde polymer (CAS-56791-83-4) from France.

Dear Mr. Kinney:

In your letter dated January 19, 2005 you requested a tariff classification ruling.

NEGA 100 Composition consists of 100% 4-phenylaminobenzenediazonium salt with 4-methylbenzenesulfonic acid-formaldehyde copolymer (CAS-56791-83-4) used as a binder in a coating solution for pre-sensitized printing plates. Customs Laboratory Report NY20050231 dated May 20, 2005 states: based on the submitted chemical abstract number, the product is an other product specified in note 3 to chapter 39 of the HTSUS, not elsewhere specified or included, in primary form: other: aromatic thermosetting: other.

The applicable subheading for the 100% 4-phenylaminobenzenediazonium salt with 4-methylbenzenesulfonic acid-formaldehyde polymer (CAS-56791-83-4) will be 3911.90.4500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other products specified in note 3 to this chapter, not elsewhere specified or included, in primary forms: other: other: containing monomer units which are aromatic or modified aromatic, or which are obtained, derived or manufactured in whole or in part therefrom: thermosetting: other. The rate of duty is 5.8 percent ad valorem.

This product may be subject to the requirements of the Toxic Substances Control Act, administered by the U.S. Environmental Protection Agency. You may contact them at 402 M Street, S.W., Washington, D.C. 20460 or at telephone number (202) 554-1404.

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 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