NY 859673

FEB 13 1991


CLA-2-39:S:N:N1:238 859673

Mr. William C. Winthrop
Rohm and Haas Company
Independence Mall West
Philadelphia, PA 19105

RE: The tariff classification of three acrylic emulsion products known as Rhoplex HA-16, Rhoplex P-554 and Rhoplex P-554 plus Melamine from Canada.

Dear Mr. Winthrop:

In your letter dated January 14, 1991 you requested a tariff classification ruling.

This letter will be given confidential treatment based on the facts you supplied to support your claim for exemption from disclosure.

The three Rhoplex products are cross-linkable acrylic polymers in the form of emulsions in water. The submitted samples, in dumbbell shape, meet the criteria for elastomers in Additional U.S. note 1 of Chapter 39 of the Harmonized Tariff Schedules of the United States (HTS)

The applicable subheading for the Rhoplex HA-16, Rhoplex P- 554 and the Rhoplex P-554 plus Melamine will be 3906.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for Acrylic polymers in primary form, other, elastomeric. The duty rate will be Free.

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