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NY L80564

November 29, 2004

CLA-2-38:RR:NC:2:239 L80564


TARIFF NO.: 3824.90.2800, 3907.30.0000

Mr. Pascale Cunche
TerraElast Ltd.
International Airport Mirabel
11845 Irenee Vachon Street
Mirabel, Quebec, J7N 3L2 Canada

RE: The tariff classification of Canasoil PU1, Canasoil EP-A2, and Canasoil EP-HA from Canada.

Dear Mr. Cunche:

In your letter dated October 14, 2004, you requested a tariff classification ruling for Canasoil PU1 and Canasoil EP-A2, which you have stated are used to stabilize rail tracks, and Canasoil EP-HA which will be used for landscaping architecture, cycle paths and parkways. Samples were submitted with you inquiry.

The applicable subheading for Canasoil EP-A2, which is composed of bisphenol A-(epichlorhydrin); oxirane, mono [(C12-14-alkyloxy)methyl]derivatives; and benzyl alcohol will be 3907.30.0000, HTSUS, which provides for epoxide resins. The rate of duty is 6.1 percent ad valorem.

The applicable subheading for Canasoil EP-HA, which is composed of 3-aminomethyl-3,5,5-trimethylcylclohexylamine; poly[oxy(methyl)-1,2-ethanediyl)], .alpha-(2-aminomethylethyl)-w-(2-aminomethylethoxy); 2,4,6-tris(dimethylaminomethyl)phenol; benzyl alcohol; and 2-piperazin-1-ylethylamine will be 3824.90.2800, Harmonized Tariff Schedule of the United States (HTS), which provides for prepared binders for foundry
molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: mixtures containing 5 percent or more by weight of one or more aromatic or modified aromatic substances: other. The rate of duty will be 6.5 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on Canasoil PU-1. Your request for a classification ruling should include the average number of monomer repeating units for the polymethyl polyphenyl isocyanate 30-40%; the chemical name, chemical formula, CAS number and function for each of the other 60-70% components; and the intended use, for example, as a separate chemically defined organic oligomer or as a prepolymer intended to be further reacted with specific chemicals to form a particular product. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, no sample is necessary, but please include all of the material that we have returned to you.

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 Andrew Stone at 646-733-3032.


Robert B. Swierupski

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