<p> NY 847363 June 13, 1990</p><p>CLA-2-39:S:N:N1:238 847363 </p><p>CATEGORY: Classification</p><p>TARIFF NO.: 3906.90.1000, 3906.90.5000 </p><p>Ms. Carol M. Pyle Rohm and Haas Company Independence Mall West Philadelphia, PA. 19105</p><p>RE: The tariff classification of eight Rhoplex acrylic emulsion products from Canada.</p><p>Dear Ms. Pyle:</p><p>In your letter dated November 7, 1989 you requested a tariff classification ruling. </p><p>The Rhoplex products described as E-452, E-1179E, HA-12, HA- 24, NW-1402, TR-520, TR-653 and TR-934 are cross-linkable acrylic polymers in the form of emulsions in water.</p><p>The applicable subheading for the Rhoplex products described as E-452, E-1179E, NW-1402, TR-653 and TR-934 will be 3906.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for acrylic polymers in primary forms, other, elastomeric. The duty rate will be free.</p><p>As advised by telephone the Rhoplex products described as HA-12, HA-24 and TR-520 do not meet the elastomeric specifications of additional United States note 1 of Chapter 39 of the HTS since they failed the required stretch test and are neither elastomeric nor plastic type polymers. The applicable subheading for Rhoplex HA-12, HA-24 and TR-520 will be 3906.90.5000, HTS, which provides for acrylic polymers in primary forms, other, other. The rate of duty will be 4.2 percent ad valorem.</p><p>Goods classifiable under subheading 3906.90.5000, HTS, which have originated in the territory of Canada, will be entitled to a 2.5 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations. </p><p>This merchandise may be subject to the regulations of the Environmental Protection Agency, Office of Pesticides and Toxic Substances. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, telephone number (800) 424-9086.</p><p>This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.</p><p>Sincerely,</p><p>Jean F. Maguire Area Director New York Seaport </p>