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NY B84163




May 12, 1997

CLA-2-39:RR:NC:2:238 B84163

CATEGORY: CLASSIFICATION

TARIFF NO.: 3907.99.0050

Mr. Jonathan Hupert
Biddle Sawyer Corporation
2 Penn Plaza
New York, NY 10121

RE: The tariff classification of MINOL 0110, MINOL 0120, and MINOL 0320, from Korea

Dear Mr. Hupert:

In your letter dated April 2, 1997, you requested a tariff classification ruling.

Two of the subject products, MINOL 0110 and MINOL 0120, both of which you describe as "Poly(butylene adipate)", are chemically identical, i.e., they have the same Chemical Abstracts name (Hexanedioic acid, polymer with 1,4-butanediol) and registry number (CAS-25103-87-1). According to the manufacturer's product specification sheet, the two products differ with respect to certain physical characteristics, such as viscosity and hydroxyl value. In addition, information submitted by you from the manufacturer indicates that both products, after heating to a temperature of approximately 100 degrees centigrade, are poured into their shipping containers, where, upon cooling to room temperature, they resemble butter. The remaining product, MINOL 0320, which you describe as "Poly(ethylene-butylene adipate)", is a light-yellow liquid having the Chemical Abstracts name of Hexanedioic acid, polymer with 1,2-ethanediol, and registry number of 24938-37-2.

The applicable subheading for all three products will be 3907.99.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Polyacetals, other polyethers and epoxide resins, in primary forms; polycarbonates, alkyd resins, polyallyl esters and other polyesters, in primary forms: Other polyesters: Other: Other." The rate of duty will be 2.2 cents per kilogram plus 8.2 percent ad valorem.

This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which is administered by the U.S. Environmental Protection Agency. 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 Cornelius Reilly at 212-466-5770.

Sincerely,

Gwenn Klein Kirschner

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