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NY H87967

February 7, 2002

CLA-2-39:RR:NC:SP:237 H87967


TARIFF NO.: 3906.90.1000

Mr. Craig Schau
Emery Customs Brokers
6940A Engle Road
Middleburg Heights, Ohio 44130

RE: The tariff classification of Noxtite PA-401 elastomeric acrylic copolymer from Japan.

Dear Mr. Schau::

In your letter dated January 29, 2002 you requested a tariff classification ruling on behalf of Freudenburg-NOK for Noxtite PA-401 acrylic copolymer.

Chapter 39, Additional U.S. Note 1 is relevant and states: For the purposes of this chapter, the term “elastomeric” means a plastic material which after cross-linking can be stretched at 20°C to at least three times its original length and that, after having been stretched to twice its original length and the stress removed, returns within five minutes to less than 150 percent of its original length.

Based on the Formulations and Mechanical Properties data submitted, Noxtite PA-401 meets the stretch and return criteria for elastomers in Note 1.

The applicable subheading for Noxtite PA-401 acrylic copolymer will be subheading 3906.90.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Acrylic polymers in primary forms: Other: Elastomeric. The rate of duty is free.

This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), administered by the U.S. Environmental Protection Agency. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404.

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 National Import Specialist Frank Cantone at 646-733-3038.


Robert B. Swierupski
National Commodity

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