CLA-2-39:S:N:N7:238 893387
Mr. Thomas C. Lloyd
Customs/Import
3M Transportation Department
3M Center
PO Box 33250
St. Paul, MN 55133-3250
RE: The tariff classification of FLUOREL FC-2174, FC-2180, FC-2120, FC-2123, and FC-2181 fluoroelastomers, in primary form, from Belgium
Dear Mr. Lloyd:
In your letter dated August 20, 1993, resubmitted on February 10, 1994, you requested a tariff classification ruling.
The five subject products, which you refer to as FLUOREL FC-2174, FC-2180, FC-2120, FC-2123, and FC-2181, consist of irregular-shaped blocks that contain a fluoropolymer (other than Polytetrafluoroethylene). According to tests conducted by the U.S. Customs laboratory on the submitted dumbbell-shaped samples, the subject products are "elastomeric", within the meaning of Additional U.S. Note 1 to Chapter 39, HTSUS.
The applicable subheading for these five products will be 3904.69.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for polymers of vinyl chloride or of other halogenated olefins, in primary forms: fluoropolymers: other: elastomeric. The rate of duty 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 SW, Washington, DC 20460, telephone number (202) 554-1404, or EPA Region II at (908) 321-6669.
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