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NY L83011




February 17, 2005

CLA-2-39:RR:NC:SP:237 L83011

CATEGORY: CLASSIFICATION

TARIFF NO.: 3911.90.9050

Mr. Murray Glantz, President
KiON Corporation
1957-A Pioneer Road
Huntington Valley, PA 19006

RE: The tariff classification of ambient temperature cure polysilazanes from Germany.

Dear Mr. Glantz:

In your letter dated January 14, 2005 you requested a tariff classification ruling for KiON ML33/C33 (CAS-475645-84-2) and KiON ML33/C12 (CAS-475645-84-2) ambient temperature cure polysilazane (100%) liquid polymers, that contain repeat units based on a silicon-nitrogen bond, for use as high temperature and chemically resistant coatings.

In your letter you suggest that the products are not thermosetting. The products are designed to cure at ambient temperature through a moisture-induced crosslinking mechanism. When applied to a substrate, the products will dry to the touch within one hour and thoroughly dry in several hours at ambient temperature. Pyrolysis results in the formation of a non-glassy ceramic coating. Pyrolysis is the transformation or curing of a compound by heat. Although thermosetting polymers are usually cured by a crosslinking reaction induced by heat or radiation, in many cases it is necessary to add curing agents. The term thermosetting also applies to materials in which additive-induced crosslinking occurs. Therefore, your products, designed to cure at ambient temperature through a moisture-induced crosslinking mechanism, are considered thermosetting.

Accordingly, the applicable subheading for KiON ML33/C33 and KiON ML33/C12 ambient temperature cure polysilazane (100%) liquid polymers will be 3911.90.9050, Harmonized Tariff Schedule of the United States, which provides for: Petroleum resins, coumarone-indene resins, polyterpenes, polysulfides, polysulfones and other products specified in note 3 to this chapter, not elsewhere specified or included, in primary forms: Other: Other: Other: Other: Thermosetting. The rate of duty is 6.5 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 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 merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Frank Cantone at (646) 733-3038.

Sincerely,

Robert B. Swierupski

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