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NY E87484




December 27, 1999

CLA-2-39:RR:NC:SP:221 E87484

CATEGORY: CLASSIFICATION

TARIFF NO.: 3902.10.0000; 3915.90.0090

Mr. Herbert E. Riley, Jr.
Alcoa Corporate Center
201 Isabella St. at 7th St. Bridge
Pittsburgh, PA 15212-5858

RE: The tariff classification of shredded plastic closures.

Dear Mr. Riley:

In your letter dated September 27, 1999, you requested a tariff classification ruling.

You have indicated that you will be importing shipments of shredded plastic closures that fall into four different categories. Four samples of shredded plastics materials were submitted, and were forwarded to the Customs laboratory for analysis. The material in sample bag 1 was predominantly white, with a small quantity of blue, and insignificant amounts of orange and green. The material in sample bag 2 was predominantly white, with a small quantity of blue, and slightly greater amounts of orange and green than in sample bag 1. The material in sample bag 3 was predominantly green, with small quantities of blue and orange. All of the material in sample bag 4 was white.

Category 1, represented by sample bags 1 and 3, is described as a mixture of 90 percent polypropylene, 8+ percent polyethylene, and 1+ percent colorant. The laboratory analysis confirmed that sample bags 1 and 3 contained predominantly polypropylene. Though the analysis did not confirm the presence of polyethylene, it did confirm the presence of a second thermoplastic material.

Category 2 is described as a mixture of 90 percent polypropylene, with the remainder consisting of polyethylene, unvulcanized rubber, and colorant. You state that this category would consist of a combination of the materials in sample bags 1, 2, 3 and 4. Based on laboratory analysis of the sample bags, a combination of the materials in all four bags would consist of predominantly polypropylene, with a second thermoplastic material and small amounts of unvulcanized rubber.

Category 3 is described as a mixture of 90 percent polypropylene, 8+ percent unvulcanized rubber, and 1+ percent colorant. This mixture is represented by sample bag 2. The laboratory analysis confirmed that sample bag 2 consists of shredded polypropylene with a small amount of unvulcanized rubber.

Category 4 is described as a mixture of 99 percent shredded polypropylene and 1 percent colorant, represented by sample bag 4. The laboratory confirmed that sample bag 4 consists of polypropylene in primary form.

You suggest classification for the merchandise in categories 1, 2, and 3 in heading 3915, Harmonized Tariff Schedule of the United States, which provides for waste, parings and scrap, of plastics. Legal note 7 to chapter 39 states that heading 3915 does not apply to waste, parings and scrap of a single thermoplastic material, transformed into primary forms. The presence of the unvulcanized rubber, a contaminant, does not alter the classification of this merchandise as a primary form, even though the contaminant may render the product unsuitable for all of the same uses as virgin material. The presence of a second thermoplastic material in sample bags 1 and 3 is sufficient to preclude classification of those products as primary forms.

You did not indicate the country of origin. The rates of duty shown below are the rates for shipments from countries with which the United States has Normal Trade Relations.

The applicable subheading for the material in category 1, a mixture of predominantly polypropylene with a second thermoplastic material, and the material in category 2, a mixture of predominantly polypropylene with a second thermoplastic material as well as unvulcanized rubber, will be 3915.90.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for waste, parings and scrap, of plasticsof other plasticsother. The rate of duty for both 1999 and 2000 will be free.

The applicable subheading for the material in category 3, a mixture of shredded polypropylene with a small amount of unvulcanized rubber, and the material in category 4, shredded polypropylene without other materials, will be 3902.10.0000, HTS, which provides for polymers of propylene in primary forms. The rate of duty for 1999 will be 9.5 percent ad valorem. The rate of duty for 2000 will be 8.9 percent ad valorem.

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 Joan Mazzola at 212-637-7034.

Sincerely,

Robert B. Swierupski
Director,

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