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NY E86790




October 1, 1999

CLA-2-39:RR:NC:2:237 E86790

CATEGORY: CLASSIFICATION

TARIFF NO.: 3901.90.1000

Mr. Mathew Kessler
Elf Atochem North America, Inc.
2000 Market Street
Philadelphia, PA 19103-3222

RE: The tariff classification of Lotryl 30BA02 (CAS-25750-84-9), Lotryl R24MA005 (CAS-25103-74-6) and Lotryl R29MA03 (CAS-25103-74-6) copolymers from France.

Dear Mr. Kessler:

In your letter dated September 9, 1999, you requested a tariff classification ruling.

The products designated Lotryl 30BA02 (CAS–25750-84-9), Lotryl R24MA005 (CAS-25103-74-6) and Lotryl R29MA03 (CAS-25103-74-6) are described as random copolymers based on ethylene, with high comonomer (acrylate) content, having elastomeric properties. Based on product information, Lotryl 30BA02 consists of ethylene (70%) and butyl acrylate (30%). Lotryl 24MA005 consists of ethylene (76%), methyl acrylate (24%). Lotryl R29MA03 consists of ethylene (71%) and methyl acrylate (29%). The Lotryl resins are used in extrusion coating and lamination applications.

Classification of merchandise under the Harmonized Tariff Schedule of the United States, (HTSUS), is governed by the General Rules of Interpretation (GRI’s). GRI 1 provides that classification is determined first in accordance with the terms of the headings of the tariff and any relative section or chapter notes, and unless otherwise required, according to the remaining GRI’s taken in order.

Heading 3900, HTSUS, provides for polymers of ethylene, In primary forms. Subheading 3901.90.1000, HTSUS, provides for other elastomeric copolymers of ethylene.

Chapter 39 Additional U.S. Note 1 is relevant to articles which may fall under subheading 3901.90.1000. Note 1 Provides that the term “elastomeric” means a plastics material which after cross-linking can be stretched at 20C to at least three times its original length and that, after having been stretched to twice its original length and the stress removed, returns within 5 minutes to less than 150 percent of its original length.

Based on the technical data and dumbbell samples you provided, the Lotryl 30BA02, Lotryl R24MA005 and Lotryl R29MA03 resins appear to meet the requirements of Note 1.

Based on the foregoing, the applicable subheading for the Lotryl 30BA02, Lotryl R24MA005 and Lotryl R29MA03 copolymers will be 3901.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for other elastomeric copolymers of ethylene. The rate of duty is free.

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 Frank Cantone at 212-637-7018.

Sincerely,

Robert B. Swierupski
Director,

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