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NY J83732




May 19, 2003

CLA-2-39:RR:NC:SP:221 J83732

CATEGORY: CLASSIFICATION

TARIFF NO.: 3920.10.0000; 3920.20.0000; 3916.10.0000; 3916.90.3000; 3926.90.9880

Mr. Joseph A. Veiga
Ashland Inc.
P.O. Box 2219
Columbus, OH 43216

RE: The tariff classification of “Emaweld adhesive materials”.

Dear Mr. Veiga:

In your letter dated April 11, 2003, you requested a tariff classification ruling.

Samples were provided with your letter. The Emaweld adhesive materials are used for assembling thermoplastic parts in electromagnetic welding systems. The Emaweld materials, which are composed of either polypropylene or polyethylene, are heated in the welding systems to form a bond between two thermoplastic surfaces. The materials will be imported in various forms, including sheet, strip or tape, strands (monofilaments over 1 millimeter in cross-section) and stamped shapes.

You suggest classification in headings 3506, which provides for adhesives based on polymers of heading 3901 to 3119 or on rubber. However, this product is not a preparation specially formulated for use as an adhesive. You did not state the country of origin. The rates provided below are the rates applicable to the merchandise when it is made in a country with which the United States has Normal Trade Relations.

The applicable subheading for the sheet, strip and tape, when composed of polyethylene, will be 3920.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other plates, sheets, film, foil and strip, of plastics, noncellular and not reinforced, laminated, supported or similarly combined with other materials: of polymers of ethylene. The rate of duty will be 4.2 percent ad valorem.

The applicable subheading for the sheet, strip and tape, when composed of polypropylene, will be 3920.20.0000, HTS, which provides for other plates, sheets, film, foil and strip, of plastics, noncellular and not reinforced, laminated, supported or similarly combined with other materials: of polymers of propylene. The rate of duty will be 4.2 percent ad valorem. The applicable subheading for the strands/monofilaments, as long as they measure over 1 millimeter in diameter, when composed of polyethylene, will be 3916.10.0000, HTS, which provides for monofilament of which any cross-sectional dimension exceeds 1 millimeter, rods, sticks and profile shapes, whether or not surface-worked but not otherwise worked, of plastics, of polymers of ethylene. The rate of duty will be 5.8 percent ad valorem.

The applicable subheading for the strands/monofilaments, as long as they measure over 1 millimeter in diameter, when composed of polypropylene, will be 3916.90.3000, HTS, which provides for monofilament of which any cross-sectional dimension exceeds 1 millimeter, rods, sticks and profile shapes, whether or not surface-worked but not otherwise worked, of plastics, other, monofilament. The rate of duty will be 6.5 percent ad valorem.

The applicable subheading for the stamped shapes will be 3926.90.9880, HTS, which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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