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NY 881694





February 18, 1993

CLA-2-39:S:N:N7:238 881694

CATEGORY: CLASSIFICATION

TARIFF NO.: 3901.90.1000

Ms. Shara L. Aranoff
Steptoe & Johnson
1330 Connecticut Avenue, N.W.
Washington, DC 20036-1795

RE: The tariff classification of Dutral CT 053, CO 054 HV and PM 06 PLE synthetic polymers, in primary forms, from Italy

Dear Ms. Aranoff:

In your letter dated January 4, 1993, on behalf of your client, EniChem America Inc., you requested a tariff classification ruling.

Dutral CT 053, CO 054 HV and PM 06 PLE are ethylene/propylene copolymers, each containing more than 50% by weight of ethylene comonomer. All three products are elastomers, within the meaning of Chapter 39, Additional U.S. Note 1, HTSUS. You indicate that Dutral PM 06 PLE will be imported in pellet form, while the Dutral CT 053 and CO 054 HV will be imported as large, irregular-shaped lumps or blocks, which are designated by the manufacturer as "compact bales".

The applicable subheading for all three of these products will be 3901.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for polymers of ethylene, in primary form: other: elastomeric. The rate of duty will be free.

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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