CLA-2-39:RR:NC:SP:237 H88731

Mr. Joseph A. Startare
Jade International Inc.
P.O. Box 469
Folcroft, PA 19032-0469

RE: The tariff classification of a saturated polyester resin from Austria.

Dear Mr. Startare:

In your letter dated February 19, 2002, on behalf of Reading Powder Coatings Inc. of Reading, Pennsylvania, you requested a tariff classification ruling.

The product designated Polyester Resin H980 is described as a saturated polyester for use in the production of powder coatings. The applicable subheading for Polyester Resin H980 will be 3907.99.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other polyesters in primary forms. The rate of duty is 0.6 cents per kilogram plus 7 percent ad valorem.

This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), administered by the U.S. Environmental Protection Agency. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or at EPA Region II telephone number (908) 321-6669.

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