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NY M85048





July 18, 2006

CLA-2-39:RR:NC:SP:237 M85048

CATEGORY: CLASSIFICATION

TARIFF NO.: 3905.29.0000

Mr. Andrew Gerard
Aries Global Logistics
Airport Industrial Park
145 Hook Creek Blvd. A-3A
Valley Stream, NY 11581

RE: The tariff classification of two vinyl acetate copolymers from Switzerland.

Dear Mr. Gerard:

In your letter of July 10, 2006, on behalf of the National Starch & Chemical Co., you requested a tariff classification ruling. Your samples are being returned.

The products designated Elotex EV2000 and Elotex Lava consist by weight 70-90% ethylene vinyl acetate copolymer and 10-30% calcium carbonate/ magnesium carbonate fillers/ extenders for use in cementitious mortars, wallpaper adhesives and drywall compounds.

The applicable subheading for the two vinyl acetate copolymers will be 3905.29.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other thermoplastic resins in primary forms. The rate of duty will be 4 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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. 20406, phone (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 regarding the ruling, contact National Import Specialist Frank Cantone at (646) 733-3038.

Sincerely,

Robert B. Swierupski
Director,

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