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NY A89922




December 18, 1996

CLA-2-39:RR:NC:2:238 A89922

CATEGORY: CLASSIFICATION

TARIFF NO.: 3903.20.0000; 3903.90.5000; 3901.20.0000

Mr. Patrick Pascarella
Viking Sea Freight Inc.
181 South Franklin Avenue, Suite 607
Valley Stream, NY 11581

RE: The tariff classification of ASACLEAN E, EG, EX, SA, SV and SX, in pellet form, from Japan

Dear Mr. Pascarella:

In your letter dated September 24, 1996, resubmitted on November 29, 1996, on behalf of your client, Asahi Chemical Industry America, Inc., you requested a tariff classification ruling.

According to the product composition sheet submitted, ASACLEAN E consists of, by weight, 95% styrene-acrylonitrile resin (76% styrene, 24% acrylonitrile) and 5% polypropylene- (acrylonitrile-styrene) graft copolymer.

According to the product composition sheet submitted, ASACLEAN EG consists of, by weight, 75% styrene-acrylonitrile resin (76% styrene, 24% acrylonitrile), 5% polypropylene- (acrylonitrile-styrene) graft copolymer, and 20% glass fiber.

According to the product composition sheet submitted, ASACLEAN EX consists of, by weight, 55% styrene-acrylonitrile resin (76% styrene, 24% acrylonitrile), 5% polypropylene- (acrylonitrile-styrene) graft copolymer, and 40% glass fiber.

According to the product composition sheet submitted, ASACLEAN SA and SV consist of, by weight, 85% styrene-acrylonitrile resin (76% styrene, 24% acrylonitrile), 10% ultra-high-molecular-weight polyethylene, and 5% polypropylene-(acrylonitrile-styrene) graft copolymer.

According to the product composition sheet submitted, ASACLEAN SX consists of, by weight, 70% high density polyethylene and 30% ultra-high-molecular-weight polyethylene. You indicate that the specific gravity for this product is 0.96.

The MSDS sheets state that these products are used as purging compounds for plastic injection-molding machines and extruders. You state in your letter that the glass fiber found in ASACLEAN EG and EX functions to increase the efficiency of the purging process.

The applicable subheading for ASACLEAN E will be 3903.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Polymers of styrene, in primary forms: Styrene-acrylonitrile (SAN) copolymers." The rate of duty will be 0.7 cents per kilogram plus 8.1 percent ad valorem. The rate of duty in 1997 will be 0.4 cents per kilogram plus 7.5 percent ad valorem.

The applicable subheading for ASACLEAN EG, EX, SA, and SV will be 3903.90.5000, HTS, which provides for: " Polymers of styrene, in primary forms: Other: Other." The rate of duty will be 0.5 cents per kilogram plus 8.1 percent ad valorem. The rate of duty in 1997 will be 0.4 cents per kilogram plus 7.6 percent ad valorem.

The applicable subheading for ASACLEAN SX will be 3901.20.0000, HTS, which provides for: "Polymers of ethylene, in primary forms: Polyethylene having a specific gravity of 0.94 or more." The rate of duty will be 11.3 percent ad valorem. The rate of duty in 1997 will be 10.7 percent ad valorem.

This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which is administered by the U.S. 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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