The tariff classification of ESTANE 58605 NAT, in pellet form, from Belgium

NY 813525 December 1, 1995 CLA-2-39:RR:NC:FC:238 813525 CATEGORY: Classification TARIFF NO.: 3909.50.5000 Mr. Thomas R. Dirmyer BFGoodrich Specialty Chemicals 9911 Brecksville Road Cleveland, OH 44141-3247 RE: The tariff classification of ESTANE 58605 NAT, in pellet form, from Belgium Dear Mr. Dirmyer: In your letter dated July 13, 1995, you requested a tariff classification ruling. The subject product, ESTANE 58605 NAT, is a polyester-based thermoplastic polyurethane. Based on tests conducted by the U.S. Customs laboratory in New York, the submitted dumbbell-shaped test specimens (which were formulated from the pellets) do not meet the requirements for "elastomeric", within the meaning of Additional U.S. Note 1 to chapter 39, HTSUSA. The applicable subheading for the subject product, imported in pellet form, will be 3909.50.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Amino-resins, phenolic resins and polyurethanes, in primary forms: Polyurethanes: Other." The rate of duty will be 6.3 percent ad valorem. This merchandise may be subject to the regulations of the Environmental Protection Agency, Office of Pesticides and Toxic Substances. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (908) 321-6669. This ruling is being issued under the provisions of Section 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 C. Reilly at 212-466-5770. Sincerely, Roger J. Silvestri Director National Commodity Specialist Division