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					N091139

January 19, 2010

CLA-2-37:OT:RR:NC:2:235

CATEGORY: Classification

TARIFF NO.: 3701.91.0060; 3702.41.0100

Mark D. Pinchok
Bayer Corporate and Business Services LLC
100 Bayer Road
Pittsburgh, Pennsylvania 15205-9741


RE:    The tariff classification of Bayfol HX TP 1000. Correction to Ruling Number N087675

Dear Mr. Pinchok:

This ruling is a correction to Ruling Number N087675, dated January 08, 2010, which contained a
clerical error. The complete corrected ruling is as follows.

Dear Mr. Pinchok:

In your letter dated December 11, 2009, you requested a tariff classification ruling on behalf of
Bayer Materials Science LLC (BMS).

The subject product Bayfol HX TP 1000, consists of a new material used in the holography
industry. You indicated that it will be used for rainbow (surface) holograms, in replication
(embossing) technology, and material technology (photo resist thermoplastic film) as well as
several other potential uses. You also state that the Bayfol HX TP 1000 will be imported in two
primary forms. The first will be in sheets with dimensions of 8 inches wide by 10 inches long.
The second will be in rolls. In a follow up phone conversation you indicated that the rolls will be
up to 1.6 meters wide and up to 8000 meters in length. You also indicated that none of the films
will be perforated, and the length may vary depending on the thickness of the film. We assume
for purposes of this ruling that none of the rolls will be less than 105 milimeters wide. Samples
of the films provided with your request are marked as RGB sensitive on the packaging, indicating
that the film is polychromatic.

The Bayfol HX TP 1000 films considered in this ruling will be imported unexposed, and are light
sensitive. You indicated they must be produced/packaged under darkroom conditions. As
imported they are sealed in light-barrier envelopes. You also stated that the film is exposed via
light, and requires laser light for hologram applications. After exposure the film is irreversibly
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exposed, that is to say it cannot be reused for additional exposures. The chemical composition of
the instant product have been omitted from the written ruling.


The applicable subheading for the Bayfol HX TP 1000 imported in sheets as described above
will be 3701.91.0060, Harmonized Tariff Schedule of the United States (HTSUS), which
provides for “Photographic plates and film in the flat, sensitized, unexposed, of any material
other than paper, paperboard or textiles; instant print film in the flat, sensitized, unexposed,
whether or not in packs: Other; … Other.” The rate of duty will be 3.7 percent ad valorem.

The applicable subheading for the Bayfol HX TP 1000 imported in rolls as described above will
be 3702.41.0100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for
Photographic film in rolls, sensitized, unexposed, of any material other than paper, paperboard or
textiles; instant print film in rolls, sensitized, unexposed: Other film, without perforations, of a
width exceeding 105mm: Of a width exceeding 610 mm and of a length exceeding 200m, for color
photography. The rate of duty will be 3.7 percent ad valorem..

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 Paul Hodgkiss at (646) 733-3046.

Sincerely,




Robert B. Swierupski
Director
National Commodity Specialist Division

				
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