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NY G87985




June 5, 2001

CLA-2-39: RR:NC:2:237 G87985

CATEGORY: CLASSIFICATION

TARIFF NO.: 3901.90.9000

Ms. Paula Girod
E. R. Hawthorne & Co., Inc.
9370 Wallisville Road
Houston, Texas 77013

RE: The tariff classification of APP Compound C-128 from Japan, Canada, and Mexico.

Dear Ms. Girod:

In your letter dated March 6,2001, on behalf of Tecnopolimeri Srl, you requested a tariff classification ruling.

The sample, labeled C-128 compound, consists of black irregularly shaped lumps to be used as a blending agent for asphalt. Based on the Customs Laboratory Report number NY 20010317 dated May 22, 2001 the sample is mainly a polymer blend.

The applicable subheading for the APP compound C-128 will be 3901.90.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for polymers of ethylene, in primary forms: Other, Other, Other. The rate of duty is 6.5 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 Frank Cantone at 212-637-7018.

Sincerely,

Robert B. Swierupski
Director,

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