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NY D82680




September 23, 1998

CLA-2-40:RR:NC:N2:237 D82680

CATEGORY: CLASSIFICATION

TARIFF NO: 4002.11.0000

M. Charles W. Price
Rhodia, Incorporated
259 Prospect Plains Road, CN 7500
Cranbury, New Jersey 08512-7500

RE: The classification of styrene-butadiene latex from France.

Dear Mr. Price:

In your letter dated September 15, 1998 you requested a tariff classification ruling.

The product, designated Rhodapas B187 D600, is described as styrene-butadiene latex. The percentage by weight breakdown is given as styrene-1,3-butadiene copolymer (50 percent); poly-propylene glycol (less than 5 percent); and water (less than 50 percent). The percent by weight of each monomer making up the polymer is styrene (60 percent) and butadiene (40 percent). The material is used as a gas migration blocking agent in the cementation of oil and gas wells.

The classification of merchandise under the Harmonized Tariff Schedule of the United States (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 in order.

Chapter 40 Note 3. provides: In headings 4001 to 4003 and 4005, the expression "primary forms" applies only to: (a) Liquids and pastes (including latex, whether or not prevulcanized, and other dispersions and solutions); (b) Blocks of irregular shape, lumps, bales, powders, granules, crumbs and similar forms. The product consists primarily of styrene-butadiene latex and water, with styrene making up 60 percent by weight of the dry polymer.

Therefore, the applicable subheading for Rhodapas B187 D600 will be 4002.11.0000, HTSUS, which provides for styrene-butadiene rubber latex in primary forms. The rate of duty is free.

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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