Tariff classification of Baytec TS 35 TDI polyurethane prepolymer elastomer from Germany

N033657 September 2, 2008 CLA-2-40:OT:RR:E:NC:SP:237 CATEGORY: Classification TARIFF NO.: 3909.50.1000 Mr. Mark D. Pinchok Trade Compliance Specialist Bayer Corporate and Business Services LLC 100 Bayer Road Pittsburgh, Pennsylvania 15205 RE: Tariff classification of Baytec TS 35 TDI polyurethane prepolymer elastomer from Germany Dear Mr. Pinchok: In your letter dated July 18, 2008 you requested a tariff classification ruling for Baytec TS 35 TDI polyurethane prepolymer elastomer. You submitted Baytec TS 35 Product Information, MSDS Sheets, Chemical Structure, Internal Results of Elongation Test, and additional information subsequently requested by CBP. Chapter 39, Additional U.S. Note 1 is relevant to your product and states: for the purposes of this chapter, the term “elastomeric” means a plastic material which after cross-linking can be stretched at 20°C to at least three times its original length and that, after having been stretched to twice its original length and the stress removed, returns within five minutes to less than 150 percent of its original length. Based on CBP Laboratory Report #: NY20081189 dated August 25, 2008: The product is Baytec TS 35. Based on the information submitted by the inquirer, the product, a colorless to light yellow liquid, is elastomeric polyurethane, in primary form. The applicable subheading for TS 35 TDI polyurethane prepolymer elastomer will be subheading 3909.50.1000, HTSUS, which provides for: Polyurethanes: Elastomeric, in primary forms. The rate of duty will be free. This merchandise may be subject to the requirements of the Toxic Substances Control Act administered by the U.S. Environmental Protection Agency (EPA). You may contact the EPA located at 402 M Street, S.W., Washington, D.C. 20460, at telephone number 204- 554-1404. 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 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 control number shown 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 National Commodity Specialist Division