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NY N018528




October 22, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3911.90.9050

Mr. Mark D. Pinchok
Trade Compliance Specialist
Bayer Corporate and Business Services LLC 100 Bayer Road
Pittsburgh, Pennsylvania 15205-9741

RE: The tariff classification of two cyclohexanone-formaldehyde based ketone copolymer resins from Germany.

Dear Mr. Pinchok:

In your letter dated October 15, 2007 you requested a tariff classification

Desmophen 1145 is a cyclohexanone-formaldehyde based ketone copolymer resin consisting of cyclohexanone-formaldehyde polymer (CAS-25054-06-2), derived from the condensation of cyclohexanone CH2(CH2)4CO (a saturated, alicyclic ketone) with formaldehyde CH2O (a reactive aldehyde), trimethylolpropane polypropylene glycol ether polymer (CAS-25723-16-4), and castor oil (CAS-8001-79-4). The resin is primarily used with aromatic polyisocyanates for the production of two-component low solvent content coating compositions and joint sealants. It can also be used in casting resin applications.

Desmophen 1150 is a cyclohexanone-formaldehyde based ketone copolymer resin consisting of cyclohexanone-formaldehyde polymer (CAS-25054-06-2), derived from the condensation of cyclohexanone CH2(CH2)4CO (a saturated, alicyclic ketone) with formaldehyde CH2O (a reactive aldehyde), and castor oil (CAS-8001-79-4). The resin is primarily used with aromatic polyisocyanates for the production of two-component low solvent content coating compositions and joint sealants. It can also be used in casting resin applications.

The applicable subheading for the Desmophen 1145 and Desmophen 1150 ketone copolymer resins will be 3911.90.9050, Harmonized Tariff Schedule of the United States (HTSUS), 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 will be 6.5% 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, 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 should be provided with the entry documents filed at the time merchandise is imported. If you have any questions on the ruling, contact National Import Specialist Frank Cantone at (646) 733-3038.

Sincerely,

Robert B. Swierupski

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