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NY 885334





May 25, 1993

CLA-2-39:S:N:N7:238 885334

CATEGORY: CLASSIFICATION

TARIFF NO.: 3901.90.5000

Ms. Judy Chen
Chang Rung International Co.
9527 Cortada Street, #A
El Monte, CA 91733

RE: The tariff classification of "Biomorplast", a polymer blend, in pellet form, composed of polyethylene, polyethylene/acrylic acid copolymer and starch, from China

Dear Ms. Chen:

In your letter dated November 24, 1992, resubmitted on May 4, 1993, you requested a tariff classification ruling.

"Biomorplast" is a polymer blend, in pellet form, composed of polyethylene, polyethylene/acrylic acid copolymer and starch. The predominant monomer is ethylene (47% by weight). You state that this product is biodegradable, and will be used to make biodegradable agriculture mulch films or other biodegradable plastics.

The applicable subheading for "Biomorplast" will be 3901.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for polymers of ethylene, in primary forms: other: other. The rate of duty will be 2.2 cents per kilogram plus 7.7 percent ad valorem.

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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