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NY K82008

December 19, 2003

CLA-2-39:RR:NC:SP:237 K82008


TARIFF NO.: 3904.69.1000

Mr. Robert L. Eisen
Mr. Michael T. Cone
Coudert Brothers LLP
1114 Avenue of the Americas
New York, New York 10036-7703

RE: Classification of Dai-El Perfluor GA-105 elastomeric fluoropolymer from Japan.

Dear Mr. Eisen and Mr. Cone:

In your letter dated December 15, 2003, on behalf of GSI Exim America Inc., you requested a tariff classification ruling.

Dai-El Perfluor GA-105 elastomeric fluoropolymer (CAS-193018-53-0). GA-105 is composed of the monomers: tetrafluoroethylene, perfluoro (6,6-dihydro-6-iodo-3-oxa-1-hexene), and perfluoro (methyl vinyl ether). You state that no single monomer constitutes more than 95% of the total polymer content. GA-105 will be imported in irregularly shaped slabs of 500 grams for use as a component material in the manufacture of o-rings for the aerospace, oil and semiconductor industries.

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 review of the Daikin Industries Ltd. technical report dated November 19, 2003, GA-105 dumbbell shaped test specimens were tested and meet the requirements of elastomeric in Chapter 39 Additional U.S. Note 1.

The applicable subheading for GA-105 elastomeric fluoropolymer imported in irregularly shaped slabs will be 3904.69.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: polymers of vinyl chloride or of other halogenated olefins, in primary forms: fluoropolymers: other: elastomeric. The rate of duty is free.

This merchandise may be subject to the requirements of the Toxic Substances Control Act 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 merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Frank Cantone at 646-733-3038.


Robert B. Swierupski

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