CLA-2-39:OT:RR:E:NC:N2:237
Ms. Judith Kay McCray
Regulatory Compliance Specialist
Ashland, Inc.
5200 Blazer Parkway
Dublin, Ohio 43017
RE: The tariff classification of a hydrophobically modified polyacetal polyether copolymer in aqueous liquid solution from various countries.
Dear Ms. McCray:
In your letter dated June 2, 2011, you requested a tariff classification ruling. You provided Aquaflow NHS-300 Product Data sheets and Safety Data sheets for our review.
Aquaflow NHS-300 Liquid Synthetic Rheology Modifier is described as a hydrophobically modified polyacetal polyether (HM-PAPE) rheology (flow) modifier. It is designed as an additive for waterborne coatings. It is used to increase the high shear viscosity of paint used in brush or roller applied decorative and industrial latex coatings. HM-PAPEs are prepared by first copolymerizing a polyether with a polyacetal and then reacting the resultant copolymer with a hydrophobic reagent. The end copolymer has a polyacetal polyether backbone modified by pendant hydrophobes. Hydrophobically modified water-soluble polymers are commonly referred to as associative thickeners. They thicken the latex paints by forming a three-dimensional network through intermolecular associations of the hydrophobic moieties present in the polymer chains and other components of the coatings formulation. Associative thickeners have a number of advantages over conventional thickeners. These include: lower viscosity during incorporation, lower tendency to splatter during application, good flow and leveling upon application, better color, higher gloss through less flocculation, lower sensitivity of coatings to water, less vulnerability to microbial degradation, and minimal reduction in the viscosity of the thickened dispersions to shearing. The product will be imported in aqueous liquid solution and supplied in plastic drums of 210 liters (55 US gallons) or in totes of 1050 liters (275 US gallons).
The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation of the HTSUS. While not legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings at the international level. See T.D. 89-80, 54 Fed. Reg. 35127 (Aug. 23, 1989). EN 39.07 (2) is applicable to your product and provides for: Other polyethers: Polymers obtained from epoxides, glycols or similar materials and characterized by the presence of ether functions in the polymer chain.
The applicable subheading for the hydrophobically modified polyacetal polyether copolymer in aqueous solution will be 3907.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Other polyethers. The rate of duty will be 6.5% ad valorem.
This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U. S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460, by calling the TSCA Assistance Line at (202) 554-1404, by Fax at (202) 554-5603, by e-mail to: [email protected] or by visiting their website at www.epa.gov.
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 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