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HQ 952523


October 26, 1992

CLA-2 CO:R:C:F 952523 K

CATEGORY: CLASSIFICATION

Tariff No.: 3902.10

Mr. Jan A. Van Hummel
ISCOM, Inc.
P.O. Box 822546
Dallas, Texas 75382-2546

RE: Tariff Classification of Atactic Polypropylene

Dear Mr. Van Hummel:

This is in reply to your request of September 3, 1992, for reconsideration of our ruling dated August 17, 1992 (951972), in which we held that atactic polypropylene was classifiable under subheading 3902.10, Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The ruling letter of August 17, 1992 (951972), is incorporated by reference. In that ruling, we held that atactic polypropylene (APP) in primary form was classifiable under subheading 3902.10, HTSUS, and dutiable at the column one general rate of 12.5 percent ad valorem rather than under subheading 3915.90, HTSUS, which provides for waste, parings, and scrap of other plastics, free of duty.

Essentially, the inquirer asks us to reconsider the merchandise as a waste or scrap on the basis that APP is an undesirable by-product generated during the production of isotactic polypropylene resin, that there are no guarantees as to quality and performance, and that the product has to be further processed to be used in production.

ISSUE:

The issue is the same as in our ruling letter, that is, what is the classification of atactic polypropylene?

LAW AND ANALYSIS:

The Chapter and Subchapter notes of HTSUS constitute
statutory law and are binding in determining the classification of merchandise. We have no authority to disregard the statutory notes.

Note 7, Chapter 39, HTSUS, states that "Heading 3915 does not apply to waste, parings and scrap of a single thermoplastic material, transformed into primary forms (headings 3901 to 3914)." Further, Note 6 states that "In headings 3901, the expression `primary forms' applies only to the following forms: (a) Liquids and pastes, including dispersions (emulsions and suspensions) and solutions; [and] (b) Blocks of irregular shape, lumps, powders (including molding powders), granules, flakes and similar bulk forms."

Polypropylene is a thermoplastic and the samples submitted for purposes of the prior ruling were all of a single thermoplastic polypropylene and were in primary forms (in blocks or lumps of irregular shape and in the form of pellets).

In applying the Notes to Chapter 39, to the merchandise in question, we affirm our decision of August 17, 1992 (951972).

HOLDING:

Atactic polypropylene in primary form is classifiable under subheading 3902.10.00, HTSUS, and dutiable at the column one general rate of 12.5 percent ad valorem.

Sincerely,

John Durant

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