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NY 802151




October 3, 1994

CLA-2-39:S:N:N6:221 802151

CATEGORY: CLASSIFICATION

TARIFF NO.: 3915.90.0000; 3907.60.0050

Ms. Linda Blevins
DuPont Sourcing
Concord Plaza, Read Building
Wilmington, DE 19898

RE: The tariff classification of polyethylene terephthalate in primary forms and used soda bottles from Italy, Germany and Greece.

Dear Ms. Blevins:

In your letter dated September 14, 1994, you requested a tariff classification ruling.

The used soda bottles are composed of polyethylene terephthalate. In their imported condition, the bottles will be empty, unwashed and crushed into bales. Bale size will be 400 to 800 pounds. In some instances, the bottles will be processed into flake or chip form prior to importation.

The applicable subheading for the used, empty, unwashed and crushed bottles will be 3915.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for waste, parings and scrap, of plastics. The rate of duty will be free.

The applicable subheading for the polyethylene terephthalate in flake and chip form will be 3907.60.0050, which provides for polyethylene terephthalate, in primary forms, other. The rate of duty will be 3.1 cents per kilogram plus 9 percent ad valorem.

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
Area Director

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