HQ 955212: Classification of PS Gel 320

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                           HQ 955212 

                        February 8, 1994


CLA-2 CO:R:C:F 955212 K

CATEGORY: Classification

TARIFF No.: 3906.90.5000

Matthew J. Marks, Esq.
Marks & Murase
Attorneys At Law
2001 L Street, N.W. Suite 750
Washington, D.C. 20005

RE: Classification of PS Gel 320

Dear Sir:

     The following is in response to your request of October 11,
1993, on behalf of Nippon Paint (American) Corp., for a tariff
classification ruling for a product referred to as PS GEL 320.
Descriptive literature was submitted.

FACTS:

     PS GEL 320 is described as a gel like material composed of an
acrylic polymer and inert fillers which provide thixotropic
properties (i.e., the ability of certain colloidal gels to liquefy
when agitated as by shaking or ultrasonic vibration, and to return
to the gel form when at rest.)  It is employed in hematological
examinations as a serum (or plasma) separating sealant, through its
ability to maintain a separation between the serum (or plasma) and
clot phases of a blood sample, after it has been subjected to
centrifugation.  The product in its imported condition is put up
in drums.  The submission indicates that the product contains 92.7
by weight of Butyl Acrylate-2-Ethylhexyl Acrylate Polymer.  A
Customs laboratory report indicates that a submitted sample
consisted of a tacky translucent semi-solid composed of a non-
elastomeric, non-plastic acrylic polymer.

ISSUE:
     
     The issue is what is the proper classification of PS GEL 320
as described above.


                               -2-

LAW AND ANALYSIS:


     Acrylic polymers in primary forms are classifiable in heading
3906, Harmonized Tariff Schedule of the United States.  
Subheading 3906.90.5000, HTSUS, provides for other acrylic polymers
in primary forms and the merchandise described above is classified
under this subheading.

HOLDING:

     PS GEL 320 as described above is classifiable within
subheading 3906.90.5000, HTSUS, which provides for acrylic polymer
in primary forms: other: other: other, with duty at the general
rate of 4.2 percent ad valorem.

                         Sincerely,




                         John Durant, Director
                         Commercial Rulings Division