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NY N007430




March 16, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3904.30.6000; 3904.40.0000

Mr. William Cheng
H7C Industries, Inc.
1311 Crenshaw Blvd.
Torrance, CA 90501

RE: Tariff classification of ethylene-vinyl acetate-vinyl chloride terpolymer emulsion and ethylene-vinyl chloride copolymer emulsion from Malaysia.

Dear Mr. Cheng:

In your letter dated February 26, 2007, you requested a tariff classification ruling.

The first product is described as ethylene-vinyl acetate-vinyl chloride terpolymer emulsion containing by weight more than 60 percent vinyl acetate for use in adhesives by the fiberglass, metal, PVC film, porous woods and wallpaper industries.

The second product is described as ethylene-vinyl chloride copolymer emulsion containing by weight more than 60 percent vinyl acetate for use in adhesives by the paper, fiber and non-woven and carpet industries.

The applicable subheading for the ethylene-vinyl acetate-vinyl chloride terpolymer emulsion containing by weight more than 60 percent vinyl acetate will be 3904.30.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Polymers of vinyl chloride or of other halogenated olefins, in primary forms: Vinyl chloride-vinyl acetate copolymers: other. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the ethylene-vinyl chloride copolymer emulsion containing by weight more than 60 percent vinyl acetate will be 3904.40.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Polymers of vinyl chloride or of other halogenated olefins, in primary forms: Other vinyl chloride copolymers. The rate of duty will be 5.3 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. 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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