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NY H89400





March 26, 2002

CLA-2-32:RR:NC:SP:237 H89400

CATCATEGORY: Classification

TARIFF NO.: 3214.90.5000

Ms. Linda Yarbrough
Unit International Inc.
644 Cesery Boulevard (Suite 200)
Jacksonville, Florida 32211

RE: Classification of Bayramix Astar acrylic based surfacing preparations from Turkey.

Dear Ms. Yarbrough:

In your letter dated March 12, 2002 you requested a tariff classification ruling.

Bayramix Astar acrylic based coating consists of calcite mineral filler (54% max.), water solvent (25% max.), acrylic resin binder (15% max.) and titanium dioxide pigment (4% max.). The preparation is designed as a surface covering and filling material for interior and exterior building surfaces. Application is by spray gun, roller or brush.

The applicable subheading for the Bayramix Astar acrylic based coating will be 3214.90.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Glaziers' putty, grafting putty, resin cements, caulking compounds and other mastics; painters' fillings; nonrefractory surfacing preparations for facades, indoor walls, floors, ceilings or the like: Other: Other. The rate of duty is 7.4 percent ad valorem.

This merchandise may be subject to the requirements of the Toxic Substances Control Act, administered by the U.S. Environmental Protection Agency. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, telephone (202) 554-1404.

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 above should be provided with the entry documents filed at the time this merchandise is imported. If you have questions regarding the ruling, contact National Import Specialist Frank Cantone at 646-733-3038.

Sincerely,

Robert B. Swierupski
Director, National Commodity
Specialist Division

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