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HQ 952412


August 24, 1992

CLA-2 CO:R:C:F 952412 EAB

CATEGORY: CLASSIFICATION

TARIFF NO.: 3902.10.00; 3902.30.00

Area Director
New York Seaport
6 World Trade Center
New York, New York 10048

RE: Internal Advice Request No. 52/92; atactic polypropylene; APP; HRL 951972

Dear Ms. Maguire:

This request for Internal Advice was initiated by a letter dated December 17, 1991, from Marco Polo International, Inc.

FACTS:

There are two articles of plastic in issue.

One, for which there is no sample, is described as being a homopolymer of APP. The other is a sample of APP that Customs laboratory reports out as "an irregular lump [of] a single thermoplastic polypropylene copolymer in primary form."

ISSUE:

What are the classifications of atactic polypropylene polymer and copolymer?

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 as well as section and chapter notes are part of the HTSUSA and are to be considered statutory provision of law for all purposes.

Customs has recently determined that APP homopolymer in the primary form of irregular lumps is classifiable under subheading 3902.10.00, HTSUSA. HQ 951972 (August 17, 1992), copy enclosed.

Copolymers are classifiable according to that monomer which predominates by weight. Assuming that APP is the predominant monomer of the instant copolymer and that the article is in a primary form, the APP copolymer is classifiable under subheading 3902.30.00, HTSUSA.

HOLDING:

Atactic polypropylene homopolymer in primary form is classifiable under subheading 3902.10.00, HTSUSA, a provision for polymers of propylene or of other olefins, in primary forms; polypropylene and dutiable at the column one general rate of 12.5 percent ad valorem.

Atactic polypropylene copolymer in primary form is classifiable under subheading 3902.30.00, HTSUSA, a provision for polymers of propylene or of other olefins, in primary forms; polypropylene copolymers and dutiable at the column one general rate of 2.2 cents/kg plus 7.7 percent ad valorem.

You should inform the importer of this ruling.

Sincerely,

John Durant, Director
Commercial Rulings Division

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