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NY 894577




March 11, 1994

CLA-2-39:S:N:N:7 238 894577

CATEGORY: CLASSIFICATION

TARIFF NO.: 3909.50.1000

Ms. Karen K. Davis
Miles Inc.
Mobay Road
Pittsburgh, PA 15205-9741

RE: The tariff classification of Texin 591-A, Texin 480-A, Texin 360-D, and Texin 355-D thermoplastic polyurethane elastomers, imported in pellet form, from Germany

Dear Ms. Davis:

In your letter dated January 31, 1994, you requested a tariff classification ruling.

The subject products, Texin 591-A, Texin 480-A, Texin 360-D, and Texin 355-D, are thermoplastic polyurethane elastomers. According to tests conducted by the U.S. Customs Laboratory in New York, all four products meet the criteria for "elastomeric", within the meaning of Additional U.S. Note 1 to Chapter 39, HTSUSA.

The applicable subheading for all four of these products will be 3909.50.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for amino-resins, phenolic resins and polyurethanes, in primary forms: polyurethanes: elastomeric. The rate of duty will be free.

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 SW, Washington, DC 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 this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire

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