CLA-2-35:OT:RR:NC:SP:237

Ms. Francine Ramsey
Hampton Direct
350 Pioneer Drive
P.O. Box 1199
Williston, Vermont 05495

RE: Tariff classification of a cyanoacrylate based liquid adhesive preparation from China.

Dear Ms. Ramsey:

In your letter dated July 7, 2008, you requested a tariff classification ruling. You provided a Marketing Brochure, Material Safety Data Sheets (MSDS) and two samples for our review. Your samples are being returned.

SKU # 12950 and SKU # 12952 (2-pack) Brush’N Bond Super Glue consists of a cyanoacrylate based adhesive preparation in liquid form. The MSDS lists the following ingredients; ethyl-2-cyanoacrylate, poly(methyl methacrylate) and hydroquinone. The product comes retail packed in 5 milliliter size plastic bottles with brush applicators attached inside plastic screw-off caps. Labels on each bottle contain the warnings: “CAUTION BONDS SKIN INSTANTLY” and “Do not get in eyes or mouth or on skin. Keep out of reach of children”. The product is intended for use in the household, office or workshop. The adhesive is designed to instantly and permanently bond ceramics, leather, wood, cloth, paper, metal, plastic, rubber and glass. The product will be imported in packs of 60 bottles having a gross weight of 2 pounds.

          The applicable subheading for the cyanoacrylate based liquid adhesive preparation retail packed in 5 milliliter size plastic bottles with brush applicators will be 3506.10.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: products suitable for use as glues or adhesives, put up for retail sale as glues or adhesives, not exceeding a net weight of 1 kilogram: Other. The rate of duty will be 2.1 percent ad valorem.

This merchandise may be subject to the requirements of the Toxic Substances Control Act administered by the U.S. Environmental Protection Agency (EPA). You may contact the EPA located at 402 M Street, S.W., Washington, D.C. 20460, at telephone number 204- 554-1404.

This item may also be subject to prohibition and recall under the laws and regulations administered by the Consumer Product Safety Commission (CPSC). You may contact the CPSC Office of Compliance located in Washington, D.C. 20207-0001 at telephone number 301-504-7913. 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 control number shown 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 Swierupski
Director,
National Commodity
Specialist Division