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NY I89163




December 24, 2002

CLA-2-39:RR:NC:SP:237 I89163

CATEGORY: CLASSIFICATION

TARIFF NO.: 3909.50.1000; 3909.30.0000

Mr. John F. Jager
Toyota Tsusho America, Inc.
702 Triport Road
Georgetown, Kentucky 40324

RE: The tariff classification of a polyurethane and a polyisocyanate from Japan.

Dear Mr. Jager:

In your letter dated December 18, 2002 you requested a tariff classification ruling for two plastic resins. TPU TS145 polyurethane is described as a thermoplastic polyurethane resin formed by the reaction of polyfunctional isocyanates with polyhydroxy compounds and pigmented with various colors. CEI-264 polyisocyanate is described as an amino resin formed by the condensation of amines or amides with aldehydes.

Additional U.S. Notes 1. Is relevant to thermoplastic elastomers of this chapter and provides: the term "elastomeric" means a plastics material which after cross-linking can be stretched at 20°C to at least three times its original length and that, after having been stretched to twice its original length and the stress removed, returns within five minutes to less than 150 percent of its original length. Elastomeric plastics may also contain fillers, extenders, pigments or rubber-processing chemicals, whether or not such plastics material, after the addition of such fillers, extenders, pigments or chemicals, can meet the tests specified in the first part of this note.

Based on Sanyo Chemical Industries Research Report, the TS-145 Series of elastic polyurethane resins meets the elastomeric requirements in Additional U.S. Note 1.

The applicable subheading for TPU TS145 thermoplastic polyurethane resin pigmented with various colors will be 3909.50.1000, HTSUS, which provides for elastomeric polyurethanes. The rate of duty is free.

The applicable subheading for CEI-264 polyisocyanate resin will be 3909.30.0000, HTSUS, which provides for other amino resins. The rate of duty is 6.5 percent ad valorem. This rate will remain the same in the year 2003.

We are returning your request for a classification ruling on TPU TS145 thermoplastic polyurethane and CEI-264 polyisocyanate when imported together in relative proportions because we need additional information. Please provide a research report showing whether or not this contemplated blend of thermoplastic polyurethane and polyisocyanate meets the elastomeric requirements in Additional U.S. Note 1.

If this information becomes available in the future, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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

Sincerely,

Robert B. Swierupski
Director, National Commodity Specialist Division


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