Tariff classification of FST 92 AU 9250 - 20793 polyurethane elastomer from Germany

N252992 May 13, 2014 CLA-2-39:OT:RR:NC:N2:237 CATEGORY: Classification TARIFF NO.: 3909.50.1000 Ms. Carla Cenkus Logistics Compliance Analyst Freudenberg-NOK General Partnership 11617 State Route 13 Milan, Ohio 44846 RE: Tariff classification of FST 92 AU 9250 - 20793 polyurethane elastomer from Germany Dear Ms. Cenkus: In your letter dated April 30, 2014 you requested a tariff classification ruling. You provided Elastomer Test Results for FST 92 AU 9250 - 20793 for our review. The product designated FST 92 AU 9250 - 20793 is described as a polyurethane elastomer in granular form. Polyurethane elastomers are used in the manufacture of polyurethane seals. Chapter 39, Additional U.S. Note 1 is relevant and states: for the purposes of this chapter, the term “elastomeric” means a plastic material which after cross-linking can be stretched at 20°C to at least three times its original length and that, after having been stretched to twice its original length and the stress removed, returns within five minutes to less than 150 percent of its original length. Based on the Elastomer Test Results for FST 92 AU 9250 - 20793 polyurethane elastomer, the product meets the requirements for elastomeric. The applicable subheading for FST 92 AU 9250 - 20793 polyurethane elastomer in granular form will be 3909.50.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Polyurethanes, in primary forms: Elastomeric. The rate of duty will be free. 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 frank.l.cantone@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division