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NY B84832




May 21, 1997

CLA-2-39:RR:NC:2:238 B84832

CATEGORY: CLASSIFICATION

TARIFF NO.: 3901.10.0020

Mr. Paul Wehrwein
Plastics Materials Unlimited
P.O. Box 512
Crystal Lake, IL 60039-0512

RE: The tariff classification of reprocessed, low-density polyethylene, imported in pellet form, from Germany

Dear Mr. Wehrwein:

In your letter dated April 22, 1997, you requested a tariff classification ruling.

The subject product consists of low-density (0.923 g/cm3) polyethylene, which has been reprocessed from post-consumer and post-industrial materials, such as used bottles, boxes, and other used molded items. You indicate that the material is first ground and washed, and then pelletized, prior to shipment to the United States.

Pursuant to Note 7 of Chapter 39, HTSUS, the applicable subheading for the subject product will be 3901.10.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Polymers of ethylene, in primary forms: Polyethylene having a specific gravity of less than 0.94: Low density polyethylene, except linear low density polyethylene." The rate of duty 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,

Gwenn Klein Kirschner

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