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NY 847363

June 13, 1990

CLA-2-39:S:N:N1:238 847363


TARIFF NO.: 3906.90.1000, 3906.90.5000

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.


Jean F. Maguire
Area Director

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