CLA-2-39:RR:NC:2:237 F88342
TARIFF NO: 3906.90.2000
Ms. Kimberly M. Novak
Emery Customs Brokers
6940C Engle Road
Middleburg Heights, Ohio 44130
RE: Classification of Noxtite PA-402 acrylic polymer from Japan
Dear Ms. Novak:
Your letter of May 24, 2000 on behalf of Freundenberg NOK of New Haven requested a classification ruling for Noxtite PA-402 (CAS-67254-76-6) described as an ACM (acrylic acid ester rubber) polymer for use in the manufacture of automotive oil seals.
The dumbbell samples provided do not meet requirements for synthetic rubber in Chapter 40 Note 4(a): unsaturated synthetic substances which can be irreversibly transformed by vulcanization with sulfur into non-thermoplastic substances which at 18-29oC will not break when extended to three times their original length and will return after being extended twice their original length, in 5 minutes, to not greater 1-1/2 times their original length.
Accordingly, Noxtite PA-402 acrylic polymer is classifiable in 3906.90.2000, HTSUS, which provides for other acrylic plastics in primary forms. The rate of duty is 6.3 percent ad valorem.
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 NIS Frank Cantone at 212-637-7018.
Sincerely,
Robert B. Swierupski
Director, National Commodity
Specialist Division