CLA-2-39:S:N:N1:238 847363
Ms. Carol M. Pyle
Rohm and Haas Company
Independence Mall West
Philadelphia, PA. 19105
RE: The tariff classification of eight Rhoplex acrylic emulsion
products from Canada.
Dear Ms. Pyle:
In your letter dated November 7, 1989 you requested a tariff
classification ruling.
The Rhoplex products described as E-452, E-1179E, HA-12, HA-
24, NW-1402, TR-520, TR-653 and TR-934 are cross-linkable acrylic
polymers in the form of emulsions in water.
The applicable subheading for the Rhoplex products described
as E-452, E-1179E, NW-1402, TR-653 and TR-934 will be
3906.90.1000, Harmonized Tariff Schedule of the United States
(HTS), which provides for acrylic polymers in primary forms,
other, elastomeric. The duty rate will be free.
As advised by telephone the Rhoplex products described as
HA-12, HA-24 and TR-520 do not meet the elastomeric
specifications of additional United States note 1 of Chapter 39
of the HTS since they failed the required stretch test and are
neither elastomeric nor plastic type polymers. The applicable
subheading for Rhoplex HA-12, HA-24 and TR-520 will be
3906.90.5000, HTS, which provides for acrylic polymers in primary
forms, other, other. The rate of duty will be 4.2 percent ad
valorem.
Goods classifiable under subheading 3906.90.5000, HTS, which
have originated in the territory of Canada, will be entitled to a
2.5 percent rate of duty under the United States-Canada Free
Trade Agreement (FTA) upon compliance with all applicable
regulations.
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 (800) 424-9086.
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