The classification of a jointing compound hardener containing Diphenylmethane-4,4'-diisocyanate (CAS-101-68-8) from Germany.

NY C89165 September 3, 1998 CLA-2-39:RR:NC:N2:237 C89165 CATEGORY: Classification TARIFF NO: 3907.30.0000; 2929.10.8010 Stephanye Bingle Panalpina, Inc, 10 Griffin Way Chelsea, MA 02150 RE: The classification of a jointing compound hardener containing Diphenylmethane-4,4'-diisocyanate (CAS-101-68-8) from Germany. Dear Ms. Bingle: In your letter dated June 11, 1998 you requested a tariff classification ruling on behalf of Freudenberg Building Systems, Inc. Of Lawrence, Massachusettes. The product designated Nora "2 Hardener" is a brown paste composed of 50-100 percent by weight of diphenylmethane-4,4'-diisocyanate (hardener/curing agent for epoxide resin). Part of a two-component cold weld compound, the hardener is designed to be combined with Nora "1 Base Compound" (epoxide resin) for use as a jointing compound for Nora rubber flooring. The jointing compound is made prior to use, by mixing one can of hardener (180 grams) with one can of base compound (820 grams), and applied using a standard size caulking gun into the joints. The hardener is exclusively sold and used with the base compound which comes in forty-one different colors. The applicable subheading for the hardener when imported with its base compound will be 3907.30.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for epoxide resins in primary forms. The rate of duty is 6.1 percent ad valorem. The applicable subheading for the hardener when imported separately will be 2909.10.8010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for methylenedi-p-phenylene isocyanate. The rate of duty is 1.7 cents per kilogram plus 12.3 percent ad valorem. This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA) which is administered by the U.S. Environmental Protection Agency. You may contact the Agency at 402 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (908) 321-6669. 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 F. Cantone at 212-466-5488. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division