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NY K88736




November 18, 2004

CLA-2-29:RR:NC:2:240 K88736

CATEGORY: CLASSIFICATION

TARIFF NO.: 2905.39.9000; 3907.99.0050

Mr. Kiyoyuki Ogura
Kyowa Hakko U.S.A., Inc.
767 Third Avenue, 19th Floor
New York, New York 10017

RE: The tariff classification of Kyowadiol PD-9, CAS # 57987-55-0, Kyowapol 1000PA, CAS # 177717-16-7and Kyowapol 2000PA, CAS # 177717-16-7 from Japan

Dear Mr. Ogura:

In your letter dated August 16, 2004 you requested a tariff classification ruling.

The subject product, Kyowadiol PD-9, is an acyclic alcohol, diol indicated for use as a raw material in the formation of polyurethane. Kyowapol 1000PA and Kyowapol 2000PA are polyesters (saturated polyesters) in primary form also indicated for use as a raw material in the formation of polyurethane.

The applicable subheading for Kyowadiol PD-9, also known as 2,4-Diethy-1,5-pentanediol, will be 2905.39.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Acyclic alcohols and their halogenated, sulfonated, nitrated or nitrosated derivatives: Diols: Other: Other.. The rate of duty will be 5.5 percent ad valorem.

The applicable subheading for Kyowapol 1000PA and Kyowapol 2000PA, also known as Hexanedioic acid, polymer with 2,4-diethyl-1,5-pentanediol, will be 3907.99.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for Polyacetals, other polyethers and epoxide resins, in primary forms; polycarbonates, alkyd resins, polyallyl esters and other polyesters, in primary forms: Other polyesters: Other.. Other.. The rate of duty will be 6.5 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 Stephanie Joseph at 646-733-3268.

Sincerely,

Robert B. Swierupski
Director,

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