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NY 882021




February 22, 1993

CLA-2-39:S:N:N7:238 882021

CATEGORY: CLASSIFICATION

TARIFF NO.: 3901.90.1000

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

RE: The tariff classification of Dutral CT 023, a synthetic polymer in primary form, from Italy

Dear Ms. Aranoff:

In your letter dated January 13, 1993, on behalf of your client, EniChem America Inc., you requested a tariff classification ruling.

Dutral CT 023 is an ethylene/propylene copolymer, which contains more than 50% by weight of ethylene comonomer. The product is an elastomer, within the meaning of Chapter 39, Additional U.S. Note 1, HTSUS. You indicate that the product will be imported in pellet form.

The applicable subheading for Dutral CT 023 will be 3901.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for polymers of ethylene, in primary forms: 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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