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NY M86933




October 2, 2006

CLA-2-39:RR:NC:SP:237 M86933

CATEGORY: CLASSIFICATION

TARIFF NO.: 3906.90.2000

Barnabe Wayser
Guard Industrie
77-81 Rue des Sorins
93108 Montreuil
France

RE: Tariff classification of a fluorinated acrylic copolymer protective coating from France

Dear Mr. Wayser:

In your letter dated September 27, 2004 you requested a tariff classification ruling.

Protect Guard is described as a fluorinated and silanated acrylic copolymer in water phase that is solvent and silicone free and designed for use as a protective coating on porous building materials. The product is ready to use and can be applied using a spray, a roller or a brush. The product is water and oil-repellent and graffiti resistant.

The applicable subheading for Protect Guard fluorinated and silanated acrylic copolymer protective coating in water phase will be 3906.90.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other plastic acrylic polymers in primary forms. The rate of duty is 6.3 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, 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.

Sincerely,

Robert B. Swierupski

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