CLA-2-38:OT:RR:NC:N2:239
Mr. Gordon C. Anderson
C.H. Robinson Worldwide, Inc.
14800 Charlson Road, Suite 400
Eden Prairie, MN 55347-5048
RE: The tariff classification of adhesion promoters from Germany
Dear Mr. Anderson:
In your letter dated April 10, 2012 you requested a tariff classification ruling on three adhesion promoters on behalf of your client Tesa Tape Inc.
Adhesion promoters are preparatory coatings applied to surface materials prior to tape applications. You state in your letter that adhesion promoters improve tape adhesion to surface materials, and increase the durability of the bond. The adhesion promoters, imported in 1 liter cans, are identified as tesa 60150 Adhesion Promoter Standard, tesa 60151 Adhesion Promoter, and tesa 60152 Adhesion Promoter. The products are formulated mixtures comprised of different components based on product use.
Tesa 60150 Adhesion Promoter Standard is a mixture of aromatic and nonaromatic organic compounds, petroleum, and polymers. The product, containing over 5 percent by weight of aromatic substances, is indicated for use as a general purpose adhesion promoter. Tesa 60151 Adhesion Promoter is a mixture of nonaromatic organic compounds, and water indicated for use on glass surfaces. Tesa 60152 Adhesion Promoter is a mixture of petroleum, aromatic and nonaromatic organic compounds, and a resin. The product, containing less than 5 percent by weight of an aromatic substance, is indicated for use on polyurethane surfaces.
In your letter you suggest classification for all three products in 3824.90.9290, HTSUS, which provides for Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other: Other. The classification for chemical mixtures is based on the chemical composition. Tesa 60150 Adhesion Promoter Standard consists of components collectively containing over 5 percent by weight of aromatic substances. The product is more accurately described in subheading 3824.90.2800, HTSUS. Tesa 60152 Adhesion Promoter contains, in part, petroleum which is more specifically provided for in subheading 3824.90.4800, HTSUS. Tesa 60151 Adhesion Promoter contains components that are not specifically provided for elsewhere, and therefore, classified in subheading 3824.90.9290, HTSUS.
The applicable subheading for tesa 60150 Adhesion Promoter Standard will be 3824.90.2800, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Mixtures containing 5 percent or more by weight of one or more aromatic or modified aromatic substances: Other. The rate of duty will be 6.5 percent ad valorem.
The applicable subheading for tesa 60152 Adhesion Promoter will be 3824.90.4800, HTSUS, which provides for Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Mixtures that are in whole or in part of hydrocarbons derived in whole or in part from petroleum, shale oil or natural gas. The rate of duty will be 6.5 percent ad valorem.
The applicable subheading for tesa 60151 Adhesion Promoter will be 3824.90.9290, HTSUS, which provides for Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other: Other. The rate of duty will be 5 percent ad valorem.
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 Richard Dunkel (646) 733-3032.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division