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NY 881872



February 22, 1993

CLA-2-40:S:N:N7:240 881872

CATEGORY: CLASSIFICATION

TARIFF NO.: 4002.70.0000

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

RE: The tariff classification of Dutral synthetic rubber from Italy

Dear Ms. Aranoff:

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

Samples of dumbbell specimens were submitted with your inquiry. Dutral TER 4038, Dutral TER 4038 FF, Dutral TER 4044, Dutral TER 9046 and Dutral TER 4048 are ethylene-propylene terpolymers. The products meet the definition of synthetic rubber as defined in Chapter 40 Note 4 (a).

The applicable HTS subheading for Dutral TER 4038, Dutral TER 4038 FF, Dutral TER 4044, Dutral TER 9046 and Dutral TER 4048 will be 4002.70.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for synthetic rubber and factice derived from oils, in primary forms or in plates, sheets or strip; mixtures of any product of heading 4001 with any product of this heading, in primary forms or in plates, sheets or strip: ethylene-propylene-nonconjugated diene rubber (EPDM). The rate will be duty free.

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 already been filed, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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