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NY 813524




November 30, 1995

CLA-2-39:RR:NC:FC:238 813524

CATEGORY: CLASSIFICATION

TARIFF NO.: 3909.50.1000

Mr. Thomas R. Dirmyer
BFGoodrich Specialty Chemicals
9911 Brecksville Road
Cleveland, OH 44141-3247

RE: The tariff classification of ESTANE 58863 BLK, in pellet form, from Belgium

Dear Mr. Dirmyer:

In your letter dated July 13, 1995, you requested a tariff classification ruling.

The subject product, ESTANE 58863 BLK, is a polyether-based thermoplastic polyurethane elastomer. Based on tests conducted by the U.S. Customs laboratory in New York, the submitted dumbbell-shaped test specimens (which were formulated from the pellets) meet the requirements for "elastomeric", within the meaning of Additional U.S. Note 1 to chapter 39, HTSUSA.

The applicable subheading for the subject product, imported in pellet form, 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, S.W., Washington, D.C. 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 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 C. Reilly at 212-466-5770.

Sincerely,

Roger J. Silvestri

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