CLA-2-39:S:N:N1-F:238 872113
Mr. John M. Peterson
Neville, Peterson & Williams
39 Broadway
New York, NY 10006
RE: The tariff classification of a styrene-acrylate (SAC) resin,
in primary form, from Japan.
Dear Mr. Peterson:
In your letter dated March 5, 1992, you requested a tariff
classification ruling.
The submitted sample is a styrene-predominated (75% styrene
by weight), styrene-acrylate copolymer (CAS registry numbers
27136-15-8 or 25767-47-9), in primary (powder) form. You describe
the product as a cross-linked polymer, containing active ionic
groups, which is specially designed to serve as a mast in the
manufacture of toner chemicals for electrostatic photocopying
apparatus. You assert that, " ... due to its dedicated use in
the production of photocopier toners, in which it functions as an
ion exchanger, the product clearly falls within the definition of
ion exchangers provided for in HTS (sub)heading 3914.00.00, and
should be classified accordingly."
In our opinion, this product has a low ionic charge, causing
it to be principally used as a binder in the manufacture of toner
chemicals for electrostatic photocopying apparatus - not as an
ion exchanger. Furthermore, when subjected to low heat, this
product exhibits thermoplastic properties, which is indicative
that it has not been sufficiently cross-linked to form an ion-
exchange resin.
The applicable subheading for this product will be
3903.90.5000, Harmonized Tariff Schedule of the United States
(HTS), which provides for polymers of styrene, in primary forms:
other: other. The rate of duty will be 0.9 cents per kilogram
plus 9.2 percent ad valorem.
This merchandise may be subject to the regulations of the
Environmental Protection Agency, Office of Pesticides and Toxic
Substances. You may contact them at 402 M Street, S.W.,
Washington, D.C. 20460, telephone number (202) 554-1404, or EPA
Region II at (908) 321-6669.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport