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NY F83408




March 27, 2000

CLA-2-39:RR:NC:2:237 F83408

CATEGORY: CLASSIFICATION

TARIFF NO: 3901.90.1000

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

RE: Classification of ethylene copolymer resins from France.

Dear Mr. Kessler:

In your letter dated March 1, 2000 you requested a tariff classification ruling for Lotryl 20MA08, 24MA07 and 24MX005 which consist by weight of 73-81% ethylene and 19-27% methyl acrylate; and Lotryl 35BA40 and 35BA320 which consist of 63-67% ethylene and 33-37% butyl acrylate. Based on the technical data and samples provided, all five ethylene copolymer resins meet the elastomeric requirements in Chapter 39 Additional U.S. Note 1.

The applicable subheading for Lotryl 20MA08, 24MA07, 24MX005, 35BA40 and 35BA320 will be 3901.90.1000, HTSUS, which provides for other elastomeric polymers of ethylene in primary forms. The rate of duty is free.

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 NIS Frank Cantone at 212-637-7018.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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