The tariff classification of H 9490 polymer based hot melt wetness indicator adhesive from various countries.

N121421 October 1, 2010 CLA-2-35:OT:RR: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 H 9490 polymer based hot melt wetness indicator adhesive from various countries. Dear Ms. Rambo: In your letter dated August 31, 2010 you requested a tariff classification ruling. You provided Material Safety Data sheets for our review. H 9490 is described as a polymer based hot melt wetness indicator adhesive consisting of a polymer blend, fatty acids, anti-oxidants, acid indicator and other additives. The product will be imported in bulk solid form for use in assembling disposable diapers and adult briefs. 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 Heading 35.06 (B) (4) is applicable to your product and states: this heading covers 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, plasticisers, solvents, pigments, etc.), contain other added substances not falling in that Chapter (e.g. waxes). The applicable subheading for H 9490 polymer based hot melt wetness indicator 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 or on rubber. The rate of duty will be 2.1% ad valorem. 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 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. 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