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NY B86681




June 24, 1997

CLA-2-39:RR:NC:2:238 B86681

CATEGORY: CLASSIFICATION

TARIFF NO.: 3903.11.0000

Mr. Robert Imbur
Dart Container Corporation
500 Hogsback Road
Mason, MI 48854

RE: The tariff classification of expandable polystyrene beads from the Bahamas

Dear Mr. Imbur:

In your letter dated June 9, 1997, you requested a tariff classification ruling.

The subject product consists of expandable polystyrene beads. You indicate in your letter that the beads are first placed into foam-cup molds, and then heated with steam, which causes the pentane gas contained in the beads to expand. During this expansion, the beads bond together to form the foam cups.

The applicable subheading for the subject product will be 3903.11.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Polymers of styrene, in primary forms: Polystyrene: Expandable." The rate of duty will be 0.4 cents per kilogram plus 7.6 percent ad valorem.

Articles classifiable under subheading 3903.11.0000, HTS, which are products of the Bahamas, are entitled to duty-free treatment under the Caribbean Basin Economic Recovery Act (CBERA), upon compliance with all applicable regulations.

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,

Gwenn Klein Kirschner

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