CLA-2-39:RR:NC:2:237 F87782

Mr. Lawrence M. Friedman
Barnes, Richardson & Colburn
303 East Wacker Drive, Suite 1100
Chicago, Illinois 60601

RE: The classification of polyvinyl butyral powder from Belgium. Dear Mr. Friedman:

Your letter of May 26, 2000 on behalf of Solutia, Inc. requested a classification ruling for polyvinyl butyral, a cyclic vinyl polymer derived from polyvinyl alcohol with butyraldehyde.

Heading 2912 covers cyclic polymers of aldehydes. Heading 3905 covers vinyl polymers. Chapter 39 Legal Note 3(c) provides for polymers with an average of at least five (5) monomer units. Based on your structure of at least nine (9) monomer units, heading 3905 provides the most specific description.

Therefore, the applicable subheading for polyvinyl butyral powder is 3905.99.8000, HTSUS, which provides for other vinyl polymers in primary forms. The duty is 5.3 percent ad valorem. 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 NIS Frank Cantone at 212-637-7018.


Robert B. Swierupski
National Commodity
Specialist Division