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NY A88458




October 24, 1996

CLA-2-39:RR:NC:2:238 A88458

CATEGORY: CLASSIFICATION

TARIFF NO.: 3907.60.0050

Mr. Robert Lee
Polymex Intl. Inc.
93 Beacon Hill Road
Port Washington, NY 11050

RE: The tariff classification of PET (Polyethylene Terephthalate) Post Consumer Bottle Flake from Taiwan

Dear Mr. Lee:

In your letter dated October 4, 1996, you requested a tariff classification ruling.

The submitted sample consists of flakes, which, according to your letter, are composed of Polyethylene terephthalate (a thermoplastic material). You state that the flakes are obtained from post consumer-recycled bottles.

Pursuant to Notes 6 and 7 of Chapter 39, HTSUSA, the applicable subheading for the subject product will be 3907.60.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Polyacetals, ... , polyallyl esters and other polyesters, in primary forms: Polyethylene terephthalate: Other." The rate of duty will be 2.5 cents per kilogram plus 8.5 percent ad valorem.

This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which is administered by the Environmental Protection Agency. 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 Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Cornelius Reilly at 212-466-5770.

Sincerely,

Roger J. Silvestri

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