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NY A88593




October 31, 1996

CLA-2-39:RR:NC:2:238 A88593

CATEGORY: CLASSIFICATION

TARIFF NO.: 3904.61.0000

Mr. Y. Fukui
Sumitrans Corporation
3333 New Hyde Park Road, Suite 406
New Hyde Park, NY 11042

RE: The tariff classification of Repro-PTFE, in powder form, from China

Dear Mr. Fukui:

In your letter dated October, 11, 1996, you requested a tariff classification ruling.

The submitted sample consists of a white powder composed of polytetrafluoroethylene (PTFE). You state that the powder is not composed of virgin PTFE, or off-grade virgin PTFE material, and is obtained from manufacturing waste, such as machine shavings and trimmings. You request classification in subheading 3915.90.0000, HTS, which provides for: "Waste, parings and scrap, of plastics: Of other plastics." Legal Note 7 to Chapter 39, HTS, states that "Heading 3915 does not apply to waste, parings and scrap of a single thermoplastic material, transformed into primary forms (headings 3901 to 3914)." Since PTFE is a single thermoplastic, and it has been transformed into a powder, which is a primary form, the subject product cannot be classified in heading 3915.

The applicable subheading for the subject product will be 3904.61.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Polymers of vinyl chloride or of other halogenated olefins, in primary forms: Fluoropolymers: Polytetrafluoroethylene (PTFE)." The rate of duty will be 5.8 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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