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NY F81203




April 12, 2000

CLA-2-38:RR:NC:2:239 F81203

CATEGORY: CLASSIFICATION

TARIFF NO.: 3806.90.0000

Ms. Naila Elfar
Corporation House
60 Queen St.
14th Floor
Ottawa, Canada K1P 5Y7

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of Snowtack 775A, DR360123G, and DR366077X from Canada; Article 509.

Dear Ms. Elfar:

In your letter dated November 12, 1999, on behalf of your client Akzo Nobel Inc., you requested a ruling on the status of the above products from Canada under the NAFTA. The three samples submitted with your inquiry, which are white, thick, sticky liquids, are aqueous dispersions based on rosin derivatives.

The applicable tariff provision for Snowtack 775A, DR360123G, and DR366077X will be 3806.90.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for rosin and resin acids, and derivatives thereof; rosin spirit and rosin oils; run gums: other. The general rate of duty will be 4.2 percent ad valorem.

Snowtack 775A, being wholly obtained or produced entirely in the territories of Canada and the United States, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

Each of the non-originating materials used to make DR360123G, and DR366077X has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/38.5. DR360123G, and DR366077X will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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 Andrew Stone at 212-637-7063.

Sincerely,

Robert B. Swierupski
Director,

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