The tariff classification of two polyurethane coatings from various countries.
Issued September 7, 2010 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 3909.50.5000
Headings: 3909
Product description
Desolite DS-2015 is produced by the reaction of polypropylene glycol (PPG) and toluene diisocyanate (TDI). Desolite 3471-2-136 is produced by the reaction of polytetramethylene glycol (PTMG) and toluene diisocyanate (TDI). Both reactions result in urethane linkage and polyurethane comonomer units predominating by weight. Both products contain diluents, antioxidants, photointiators and other additives necessary for use as primary and secondary coatings in manufacturing fiber optics. The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation of the HTSUS. While not legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings at the international level. See T.D. 89-80, 54 Fed. Reg. 35127 (Aug. 23, 1989). EN to Chapter 39.09 (3) Polyurethanes: provides for all polymers produced by the reaction of polyfunctional isocyantes with polyhydroxy compounds, such as, polyether polyols, and polyester polyols. Polyurethanes exist in various forms, such as, foams, elastomers and coatings. DS-2015 and 3471-2-136 polyurethane coatings are produced by the reaction of a polyether polyol (PPG or PTMG) and a polyfunctional isocyante (such as TDI or other isocyanates).
Full text
N118303 September 7, 2010 CLA-2-39:OT:RR:E:NC:N2:237 CATEGORY: Classification TARIFF NO.: 3909.50.5000 Mr. Joseph M. Spraragen Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP Counselors at Law 399 Park Avenue - 25th Floor New York, New York 10022-4877 RE: The tariff classification of two polyurethane coatings from various countries. Dear Mr. Spraragen: In your letter dated August 9, 2010, you requested a tariff classification ruling for Desotech Desolite polyurethane coatings. Desolite DS-2015 is produced by the reaction of polypropylene glycol (PPG) and toluene diisocyanate (TDI). Desolite 3471-2-136 is produced by the reaction of polytetramethylene glycol (PTMG) and toluene diisocyanate (TDI). Both reactions result in urethane linkage and polyurethane comonomer units predominating by weight. Both products contain diluents, antioxidants, photointiators and other additives necessary for use as primary and secondary coatings in manufacturing fiber optics. The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation of the HTSUS. While not legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings at the international level. See T.D. 89-80, 54 Fed. Reg. 35127 (Aug. 23, 1989). EN to Chapter 39.09 (3) Polyurethanes: provides for all polymers produced by the reaction of polyfunctional isocyantes with polyhydroxy compounds, such as, polyether polyols, and polyester polyols. Polyurethanes exist in various forms, such as, foams, elastomers and coatings. DS-2015 and 3471-2-136 polyurethane coatings are produced by the reaction of a polyether polyol (PPG or PTMG) and a polyfunctional isocyante (such as TDI or other isocyanates). The applicable subheading for the two Desotech Desolite polyurethane coatings will be 3909.50.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Polyurethanes: Other, in primary forms. The rate of duty will be 6.3% ad valorem. This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U. S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460, by calling the TSCA Assistance Line at (202) 554-1404, by Fax at (202) 554-5603, by e-mail to: [email protected] or by visiting their website at www.epa.gov. 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 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 National Commodity Specialist Division
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