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NY D80737




September 23, 1998

CLA-2-39:RR:NC:N2:237 D80737

CATEGORY: CLASSIFICATION

TARIFF NO: 3909.10.0000

Ms. Martha A. Pierce
Solutia, Inc.
10300 Olive Boulevard
P.O. Box 66760
St. Louis, MO 63166-6760

RE: The classification of Resimene 901; Resimene 918; and Resimene 920 urea resins from Canada.

Dear Ms. Pierce:

In your letter dated July 13, 1998 you requested a tariff classification ruling.

Based on the technical literature submitted: Resimene 901 is a butylated urea-formaldehyde resin solution at 50-54 percent by weight resin solids; Resimene 918 is a butylated urea-formaldehyde resin solution at 69-73 percent resin solids; and Resimene 920 is an butylated urea-formaldehyde resin solution at 60 percent resin solids. The Resimene resins function as amino cross-linkers in the formulation of thermosetting industrial surface coatings, such as auto primers and topcoats. Each product is described as a clear, colorless, semi-viscous and highly volatile liquid.

Classification of merchandise under the HTSUS is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification is determined first in accordance with the terms of the headings of the tariff and any relative section or chapter notes, and unless otherwise required, according to the remaining GRI's taken in order.

The applicable subheading for the Resimene 901, Resimene 918 and Resimene 920 urea resin solutions will be 3909.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for amino-resins, phenolic resins and polyurethanes, in primary forms: urea resins; thiourea resins. The general rate of duty will be 6.6 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 the Agency 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 F. Cantone at 212-466-5488.

Sincerely,


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