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NY F89145




July 5, 2000

CLA-2-39:RR:NC:2:237 F89145

CATEGORY: CLASSIFICATION

TARIFF NO: 3901.90.1000

Mr. Mathew Kessler
ATOFINA Chemicals, Inc.
2000 Market Street
Philadelphia, PA 19103-3222

RE: Classification of Lotader 3210 and AX8840 resins from France.

Dear Mr. Kessler:

Your letter of June 28, 2000 requested a classification ruling for two ethylene-acrylic elastomer copolymers: Lotader 3210 (CAS-64652-60-4) and Lotader AX8840 (CAS-26061—90-5).

Chapter 39 Additional Note 1 states “elastomeric” means a plastics material which after cross-linking can be stretched at 20oC 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 five minutes to less than 150 percent of its original length. Based on the dumbbell samples and technical data provided, Lotader 3210 and Lotader AX8840 meet the elastomeric requirements of Note 1.

Lotader 3210 and Lotader AX8840 resins are classifiable in 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
Specialist Division

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