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NY 883511




March 18, 1993

CLA-2-39:S:N:N7:238 883511

CATEGORY: CLASSIFICATION

TARIFF NO.: 3901.90.1000

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

RE: The tariff classification of Dutral CO 043, a synthetic copolymer, in primary form, from Italy

Dear Ms. Aranoff:

In your letter dated March 2, 1993, on behalf of your client, EniChem America Inc., you requested a tariff classification ruling.

Dutral CO 043 is an ethylene/propylene copolymer containing more than 50% by weight of ethylene comonomer. This product is an elastomer, within the meaning of Chapter 39, Additional U.S. Note 1, HTSUS. You indicate that the subject merchandise will be imported as large, irregular-shaped lumps or blocks, which are referred to as "compact bales".

The applicable subheading for Dutral CO 043 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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