HQ 952276: Application for Further Review of Protest No. 3701-92- 100035, dated May 12, 1992, concerning poly(allylamine hydrochloride); homopolymer of 2-propen-1-amine hydrochloride; CAS 71550-12-4; EN 39.09; HQ 951276

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 952276

                       September 17, 1992

CLA-2 CO:R:C:F 952276 EAB

CATEGORY: Classification

TARIFF NO.: 3911.90.5010

District Director
U.S. Customs Service
P.O. Box 37260
Milwaukee, Wisconsin 53237-0260

Re:  Application for Further Review of Protest No. 3701-92-
     100035, dated May 12, 1992, concerning poly(allylamine
     hydrochloride); homopolymer of 2-propen-1-amine
     hydrochloride; CAS 71550-12-4; EN 39.09; HQ 951276

Dear Sir:

     This is a decision on a protest filed May 12, 1992, against
your decision in the classification of merchandise liquidated on
February 21, 1992 and entered in 1991.

FACTS:

     The protestant entered all goods in subheading 3909.30.0000,
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA), a provision for amino resins in primary forms; other,
dutiable at the column 1 general rate of 6.9 percent ad valorem.

     Customs reclassified the merchandise under subheading
3911.90.5010: petroleum resins, etc. and other products specified
in note 3, chapter 39 and not elsewhere specified or included, in
primary forms; other; other, dutiable at the column 1 general
rate of 2.2 cents per kilogram plus 7.7 percent ad valorem.

     Protestant seeks reclassification of the goods to subheading
3909.30.0000.

     The compound is a powder, polymerized without the use of an
aldehyde and of the following non-cyclic structure:

                           [-CH2-CH-]n
                                /
                              H2CNH2-HCl, where n>5

ISSUE:

     What is the proper classification under the HTSUSA of poly
(allylamine hydrochloride) or homopolymer of 2-propen-1-amine
hydrochloride, a powdered polyamine-type polymer having CAS
Registry Number 71550-12-4?

LAW AND ANALYSIS:

     Merchandise imported into the U.S. is classified under the
HTSUSA.  Tariff classification is governed by the principles set
forth in the General Rules of Interpretation (GRIs) and, in the
absence of special language or context which otherwise requires,
by the Additional U.S. Rules of Interpretation.  The GRIs and the
Additional U.S. Rules of Interpretation are part of the HTSUSA
and are to be considered statutory provisions of law for all
purposes.

     GRI 1 requires that classification be determined first
according to the terms of the headings of the tariff schedule and
any relative section or chapter notes and, unless otherwise
required, according to the remaining GRI's taken in order.

     Heading 3909 describes, inter alia, amino-resins. 
Explanatory Note 39.09 makes it clear that the heading covers
only those amino-resins that are formed by the condensation of
amines or amides with aldehydes.  The subject compound is not
formed by the condensation of the amino-function group with an
aldehyde; therefore, it is not classifiable under heading 3909.
See also HQ 951276 (July 16, 1992) concerning classification of
certain chemicals by virtue of derivation.

     Explanatory Note 39.09 further states that polyamine resins,
such as poly(ethyleneamines), are not amino-resins and fall in
heading 3911 when complying with the requirements of Note 3,
Chapter 39.  The subject compound is a synthetic polymer with an
average of at least five monomer units, as provided for in Note
3(c), Chapter 39; therefore, it is properly classifiable under
heading 3911.

HOLDING:

     You are instructed to deny the protest.

     Poly(allylamine hydrochloride) or homopolymer of 2-propen-
1-amine hydrochloride, a powdered synthetic polymer with an
average of at least five monomer units, CAS Registry Number
71550-12-4, is classifiable under subheading 3911.90.5010, a
provision for petroleum resins, coumarone-indene resins,
polyterpenes, polysulfides, polysulfones and other products 
specified in note 3 to chapter 39, not elsewhere specified or
included, in primary forms; other; other; other; thermoplastic. 
Articles classified under that subheading for the year 1991 were
subject to a column 1 general rate of duty of 2.2 cents per
kilogram plus 7.7 percent ad valorem.

     A copy of this decision should be attached to the Customs
Form 19 and provided to the protestant as part of the notice of
action on the protest.

                           Sincerely,



                           John Durant, Director
                           Commercial Rulings Division