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NY C81784




December 4, 1997

CLA-2-39:RR:NC:2:238 C81784

CATEGORY: CLASSIFICATION

TARIFF NO.: 3907.60.0050

Mr. James Chan
RC Resources Company
20115 Paseo Granada
Cerritos, CA 90703

RE: The tariff classification of post-consumption plastic-bottle flakes, composed of polyethylene terephthalate ("PET" or "PETE"), from China, Hong Kong, and Taiwan

Dear Mr. Chan:

In your letter dated November 10, 1997, you requested a tariff classification ruling.

The five submitted samples consist of post-consumption plastic-bottle flakes composed of polyethylene terephthalate (a single thermoplastic material). Some of the flakes still have a minute portion of their respective (paper or screen-printed) labels on them. Although the flakes designated as "Sample 3" are characterized as "clear with ... PVC (polyvinylchloride) contamination", you have indicated, during a telephone conversation with a member of my staff, on December 2, 1997, that the PVC contamination is significantly less than 1%.

You state in your letter that, subsequent to importation, the flakes undergo further processing, such as sorting and cleaning, prior to being utilized as a raw material in the manufacture of various (non-food contact) plastic products. You further state that, although the flakes were submitted for our review put up as five, separate samples, they will actually be imported in random mixtures.

Pursuant to Notes 6 and 7 to Chapter 39, HTS, the applicable subheading for the submitted samples 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 2.2 cents per kilogram plus 8.2 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,

Robert B. Swierupski

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