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HQ 960256




December 3, 1997
CLA-2 RR:CR:GC 960256K

CATEGORY: CLASSIFICATION

TARIFF NO.: 3506.91.0000

Mr. Vernon Kurz
BDP International Inc.
1017 4th Avenue
Lester, Pennsylvania 19029-1813

RE: Tariff Classification of Vestoplast C 9020; Revocation of New York Ruling Letter (NYRL)
A86113, Dated September 3, 1996

Dear Sir:

In response to your letter dated April 24, 1996, on behalf of Huls America, Inc., the Customs Service issued NYRL A86113, dated September 3, 1996, which held that the product known as Vestoplast C 9020, was classified in subheading 3902.30.0000, Harmonized Tariff Schedule of the United States (HTSUS), as polymers of propylene or other olefins, in primary forms: propylene copolymers, with a 1996 general rate of duty at 1.3 cents per kg., plus 7.2 percent ad valorem. You submitted additional information in your letter of September 17, 1996, to support your position that the product was classified in subheading 3506.91.0000, HTSUS, as prepared glues and other prepared adhesives, not elsewhere specified or included...Other: Adhesives based on rubber or plastics (including artificial resins), with a 1996 general rate of duty at 2.1 percent ad valorem. You requested reconsideration of NYRL A86113.

This letter is to inform you that NYRL A86113 no longer reflects the views of the Customs Service and is revoked in accordance with section 177.9(d) of the Customs Regulations (19 CFR 177.9(d)). Pursuant to section 625, Tariff Act of 1930 (19 U.S.C. 1625), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993), notice of the proposed revocation of NYRL A86113 was published on October 29, 1997, in the Customs Bulletin, in Volume 31, No.44. No comments were received. The following represents our position.

FACTS:

Based upon the original information, a Customs Laboratory report concluded that Vestoplast C 9020 was an amorphous thermoplastic propylene copolymer with propylene being the predominant comonomer by weight, in primary form, resulting in the classification of the product in subheading 3902.30.0000, HTSUS. Additional information indicates that the product also contains an aliphatic hydrocarbon resin, and a polyethylene wax which makes the product tacky, and used as an adhesive. The Customs laboratory confirmed that the product contained wax as claimed. ISSUE:

The issue is whether the product described above with the addition of wax, is classified as an adhesive.

LAW AND ANALYSIS:

The Explanatory Notes (EN) to the Harmonized Commodity Description and Coding System, which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUS by offering guidance in understanding the scope of the headings and General Rules of Interpretation of the HTSUS. The EN for Heading 3506, states, in part, that the heading covers

(B) Prepared glues and other prepared adhesives, not covered by a more specific heading in the Nomenclature, for example:

(4) Preparations specially formulated for use as adhesives, consisting of polymers or blends thereof of headings 39.01 to 39.13 which, apart from any permitted additions to the products of Chapter 39 (fillers, plasticisers, solvents, pigments, etc.), contain other added substances not falling in that Chapter (e.g., waxes).

The product, as described, contains the components listed in the EN which indicates that it is classified in heading 3506.

HOLDING:

The product , Vestoplast C 9020, as described above, is classified as other prepared adhesives based on rubber or plastics (including artificial resins), in subheading 3506.91.0000, HTSUS.

NYRL A86113, dated September 3, 1996, is revoked.

In accordance with 19 U.S.C. 1625, this ruling will become effective 60 days after its publication in the Customs Bulletin. Publication of rulings or decisions pursuant to 19 U.S.C. 1625 does not constitute a change of practice or position in accordance with section 177.10(c)(1), of the Customs Regulations (19 CFR Sincerely,

John Durant, Director

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