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NY 874984


July 23, 1992

CLA-2-39:S:N:N1-F:238 874984

CATEGORY: CLASSIFICATION

TARIFF NO.: 3901.90.5000

Mr. Matthew Chang
C. Itoh & Co. (America) Inc.
335 Madison Avenue
New York, NY 10017

RE: The tariff classification of Melthene resin -Type 1310T, in pellet form, from Japan.

Dear Mr. Chang:

In your letter dated April 23, 1992, resubmitted on May 29, 1992, you requested a tariff classification ruling.

The submitted sample, which is in the form of pale, yellow, oval pellets, is designated as Melthene resin -Type 1310T. It is composed of a blend of polymers consisting of ethylene-vinyl acetate copolymer, polyethylene, and polyterpene (less than 23% by weight). The percentage by weight of ethylene is greater than 50%. The sample is not elastomeric. You state that the product has applications in the automobile tire industry.

The applicable subheading for this product will be 3901.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for polymers of ethylene, in primary forms: other: other. The rate of duty will be 2.2 cents per kilogram plus 7.7 percent ad valorem.

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, DC 20460, telephone number (202) 554-1404), or EPA Region II at (908) 321-6669.

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.

Sincerely,

Jean F. Maguire

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