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NY L84765

May 17, 2005

CLA-2-39:RR:NC:SP:237 L84765


TARIFF NO.: 3907.91.5000

Mr. Richard D’Innocenzo
Genzyme Corporation
One Kendall Square
Cambridge, MA 02139

RE: Classification of an unsaturated acrylated polyether polyester from Switzerland

Dear Mr. D’Innocenzo:

In your letter dated May 10, 2005 you requested a tariff classification ruling.

FocalSeal-S is an unsaturated acrylated polyether polyester copolymer derived from polyethylene glycol and imported in white powder form for use in the manufacture of a sterile prosthetic mesh designed for the reconstruction of soft tissue.

The applicable subheading for the unsaturated acrylated polyether polyester in powder form will be 3907.91.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other unsaturated polyesters in primary forms. The rate of duty is 6.5 percent ad valorem.

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, phone (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 should be provided with the entry documents filed at the time merchandise is imported. If you have any questions on the ruling, contact National Import Specialist Frank Cantone at 646-733-3038.


Robert B. Swierupski

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