The tariff classification of polyamide based hot melt adhesive preparation from France.

N099307 April 26, 2010 CLA-2-35:OT:RR:E:NC:N2:237 CATEGORY: Classification TARIFF NO.: 3506.91.0000 Ms. Vanessa Rambo Bostik, Inc. 11320 Watertown Plank Road Wauwatosa, WI 53226 RE: The tariff classification of polyamide based hot melt adhesive preparation from France. Dear Ms. Rambo: In your letter dated March 26, 2010, you requested a tariff classification ruling. Thermelt 4229 is a polyamide based hot melt adhesive preparation. The product was developed to bond to a variety of substrates including wood, metal and many plastics utilized in automotive interior trim, including plasticized PVC. The adhesive can be applied via slot die, spray and hot melt gravure system fed from a conventional reservoir type hot melt applicator. The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation of the HTSUS. While not legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings at the international level. See T.D. 89-80, 54 Fed. Reg. 35127 (Aug. 23, 1989). The EN to Chapter 3506 (B) (4) applicable to your products and provides for: prepared glues and other prepared adhesives, not covered by a more specific heading in the Nomenclature, for example: preparations specially formulated for use as adhesives, consisting of polymers or blends thereof of headings 39.01 to 39.13 which, apart from any permitted additions to the products of chapter 39 (fillers, pasticisers, solvents, pigments etc.), contain other added substances not falling to that chapter (e.g., waxes). The applicable subheading for the hot melt adhesive will be 3506.91.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for adhesives based on polymers of headings 3901 to 3913. The rate of duty will be 2.1%, ad valorem. This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U. S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460, by calling the TSCA Assistance Line at (202) 554-1404, by Fax at (202) 554-5603, by e-mail to: tsca-hotline@epa.gov or by visiting their website at www.epa.gov. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 Director National Commodity Specialist Division