HQ 0081158 - Decision on a Application for Further Review of Protest No. 3901-700-0037, on the tariff classification of polyvinylidene chloride, a product of Japan. - United States International Trade Commision Rulings

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HQ 081158

October 17, 1988

CLA-2 CO:R:C:G 081158 JGH

CATEGORY: CLASSIFICATION

TARIFF NO.: Item No. 445.48 TSUS

U.S. Customs Service
District Director
North Central Region
610 South Canal Street
Chicago, Illinois 60607

RE: Decision on a Application for Further Review of Protest No. 3901-700-0037, on the tariff classification of polyvinylidene chloride, a product of Japan.

Dear Sir:

This decision is in response to the protest filed on the classification of a polyvinylidene chloride, a product of Japan.

FACTS:

PVDC Type "F" resin is said to be polyvinylidene chloride, which is a thermoplastic resin suitable for compression and injection molding.

ISSUE:

Whether PVDC Type "F" resin is classifiable as other vinyl resins in item 445.48, TSUS, other polyvinyl chloride resins, in item 445.46, TSUS, or other synthetic plastics materials in item 445.56, TSUS.

LAW AND ANALYSIS:

It is contended in support of opinion made at the port that the resin is classifiable under item 445.56, TSUS, that the product is not a vinyl resin but a copolymer of vinylidene and vinyl chloride. However, if the product were a copolymer, it normally would be referred to as "poly(vinylidene chloride-vinyl chloride)", "pol(vinylidene chloride-co-vinyl chloride)", or a
similar designation, which would give an indication that more than one monomer was present. There is no indication that the imported product is a copolymer or anything other than a polyvinyl chloride, which is a homopolymer of vinylidene chloride.

HOLDING:

Polyvinylidene chloride is classifiable under the provision for other vinyl resins in item 445.48, TSUS.

The protest should be allowed.

A copy of this decision should be furnished the protestant with the Form 19 Notice of Action.

Sincerely,

John Durant, Director

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