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NY 880143



November 18, 1992

CLA-2-39:S:N:N1-F:238 880143

CATEGORY: CLASSIFICATION

TARIFF NO.: 3901.20.0000; 3901.10.0020; 3901.10.0010

Mr. James W. Eberhardt
ANEW Corporation
4865 Scotts Valley Drive
Scotts Valley, CA 95066

RE: The tariff classification of polyethylene resin, in pellet form, from Mexico

Dear Mr. Eberhardt:

In your letter dated November 6, 1992, you requested a tariff classification ruling.

The subject merchandise, which you refer to as "post- consumer recycled polyethylene resin (PCR)", consists of pelletized polyethylene, which will be imported in three different types, namely: high density polyethylene (HDPE), low density polyethylene (LDPE), and linear low density polyethylene.

You state in your letter that your firm is in the process of establishing a plastic recycling plant in Mexico which will process post-consumer scrap plastic, exported from the United States, into plastic resin pellets and then ship the pelletized product to the United States. A sample of the pelletized resin and a photograph of the post-consumer scrap plastic were submitted with your inquiry.

The applicable subheading for high density polyethylene (HDPE), in pellet form, will be 3901.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for polymers of ethylene, in primary forms: polyethylene having a specific gravity of 0.94 or more. The duty rate will be 12.5 percent ad valorem. The applicable subheading for low density polyethylene (LDPE), in pellet form, will be 3901.10.0020, HTS, which provides for polymers of ethylene, in primary forms: polyethylene having a specific gravity of less than 0.94: low density polyethylene, except linear low density polyethylene. The rate of duty will be 12.5 percent ad valorem. The applicable subheading for linear low density polyethylene, in pellet form, will be 3901.10.0010, HTS, which provides for polymers of ethylene, in primary forms: polyethylene having a specific gravity of less than 0.94: linear low density polyethylene. The rate of duty will be 12.5 percent ad valorem.

Articles classifiable under subheadings 3901.20.0000, HTS; 3901.10.0020, HTS; and 3901.10.0010, HTS, which are products of Mexico are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

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 SW, 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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