The tariff classification of a silicone based elastomer adhesive from Ireland.

N227157 August 29, 2012 CLA-2-35:OT:RR:NC:N2:237 CATEGORY: Classification TARIFF NO.: 3506.10.5000 Mr. Daniel Hong Allergan 2525 DuPont Drive Irvine, CA 92612 RE: The tariff classification of a silicone based elastomer adhesive from Ireland. Dear Mr. Hong: In your letter dated July 20, 2012 you requested a tariff classification ruling. You provided Product Profile, Product Use and MSDS sheets for our review. Allergan MED-1137 is described as a room temperature vulcanizing silicone based elastomer adhesive used to bond silicones to each other and some synthetics and metals. Based on MSDS sheets found on-line, the product is a clear liquid adhesive preparation consisting of amorphous silica (CAS-7631-86-9), methyltriacetoxysilane (CAS-4253-34-3) and ethyltriacetoxysilane (CAS-17689-77-9). The product is used in attaching fill tubes to intragastric balloon sheets that are placed in the stomach and filled with saline to partially fill the stomach and assist in weight loss. The product is available in squeeze tubes with screw-off caps labeled: “For bonding or adhering silicone elastomers or other materials” in sizes weighing 8 grams, 2 oz. (56 grams), 5 oz. (140 grams), 6 oz. (168 grams) and 20 oz. (560 grams). The applicable subheading for MED-1137 silicone based elastomer adhesive in tube form will be 3506.10.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Products suitable for use as glues or adhesives, put up for retail sale as glues or adhesives, not exceeding a net weight of 1 kilogram: Other. 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, Thomas J. Russo Director National Commodity Specialist Division