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NY 807161




March 17, 1995

CLA-2-39:S:N:N7:238 807161

CATEGORY: CLASSIFICATION

TARIFF NO.: 3901.90.1000

Mr. Jun Akiyama
Mitsui Petrochemicals (America), Ltd.
250 Park Avenue
Suite 950
New York, NY 10177-0056

RE: The tariff classification of TAFMER P-0180, in pellet form, from Japan

Dear Mr. Akiyama:

In your letter dated February 14, 1995, you requested a tariff classification ruling.

The subject product, TAFMER P-0180, is a copolymer consisting of 74% ethylene and 26% propylene, by weight. According to tests conducted by the U.S. Customs laboratory in New York, the dumbbell-shaped specimens submitted for testing meet the criteria for "elastomeric", as defined in Additional U.S. Note 1 to Chapter 39, HTSUSA.

The applicable subheading for the subject product 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, S.W., Washington, D.C. 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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