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NY L88669

November 29, 2005

CLA-2-39:RR:NC:SP:237 L88669


TARIFF NO.: 3906.90.1000

Mr. James Judge
Kaneka Texas Corporation
6161 Underwood Road
Pasadena, TX 77507

RE: Tariff classification of RC220C Telechelic Polyacrylate elastomer from Japan.

Dear Mr. Judge:

In your letter dated November 15, 2005 you requested a tariff classification ruling for RC220C Telechelic Polyacrylate described as ,-acryloyl-terminated polyacrylate copolymer used in the manufacture of gaskets, seals, membranes, etc.

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 Kaneka Elastomer Test Results of Telechelic Polyacrylate for RC220C and the dumbbell samples submitted the product meets the requirements for elastomeric.

The applicable subheading for RC220C Telechelic Polyacrylate 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 (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 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
National Commodity

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