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NY A81234




April 26, 1996
CLA-2-39:RR:NC:FC:238 A81234

CATEGORY: CLASSIFICATION

TARIFF NO.: 3909.50.2000; 2530.90.0050

Mr. John B. Karlson
BiMark USA
P.O. Box 12
Stevenson, CT 06491-0012

RE: The tariff classification of BIMAGRIP H.D. resin-based surface coating from England

Dear Mr. Karlson:

In your letter dated February 9, 1996, resubmitted on March 5, 1996, you requested a tariff classification ruling.

The subject product, BIMAGRIP H.D., is a resin-based, waterproof, anti-skid surfacing treatment which is applied to walkways, pedestrian crossings, footbridges, and, in general, any potential point of vehicular and pedestrian conflict. It is a four-part system consisting of a three-component polyurethane resin system [ a) MDI-based polyisocyanate, b) liquid blend of polyols, and c) silica-sand blend filler], and an aggregate material composed of the oxides and silicates of aluminum, iron and titanium, as well as small amounts of various compounds of calcium, magnesium and other elements. In a telephone conversation with a member of my staff, on April 23, 1996, you indicated that the aggregate-material component is a naturally occurring mixture that is simply crushed or ground. It is not combined with any other substance(s), nor are any synthetic chemicals present. In a further telephone conversation, on March 13, 1996, with another member of my staff, you indicated that the four parts comprising the subject product are not put up as a set for retail sale.

According to the product literature submitted, the polyisocyanate and polyol components are mixed together for one minute, with the silica-sand blend filler slowly added while the mixing continues for a further two minutes. The blended resin is then spread over the surface using a serrated squeegee and allowed to self-level. The aggregate material is then scattered over the resin, with any excess being removed after a minimum of one hour has elapsed.

The applicable subheading for the three-component polyurethane resin system will be 3909.50.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Amino-resins, phenolic resins and polyurethanes, in primary forms: Polyurethanes: Cements." The rate of duty will be 2.1 percent ad valorem.

The applicable subheading for the aggregate material component will be 2530.90.0050, HTS, which provides for: "Mineral substances not elsewhere specified or included: Other: Other." 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 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 C. Reilly at 212-466-5770.

Sincerely,

Roger J. Silvestri

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