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NY I89438





December 17, 2002

CLA-2-39:RR:NC:SP:237 I89438

CATEGORY: CLASSIFICATION

TARIFF NO.: 3908.10.0000

Lee Hardeman Customs Broker, Inc.
5673 Old Dixie Highway, Suite 155
Forest Park, Georgia 30297

RE: The tariff classification of Aquamid AQ 27000 polyamide-6 pellets from Slovenia.

Dear Mr. Hardeman:

In your letter dated December 11, 2002, on behalf of Aquafil USA, Inc., you requested a tariff classification ruling.

Aquamid AQ 27000 polyamide-6 (CAS-25038-54-4) consists of opaque-white cylinder-shaped pellets measuring approximately 1/16 inches diameter by 1/8 inches long.

The applicable subheading for polyamide-6 in pellet form will be 3908.10.0000, HTSUS, which provides for polyamide-6 in primary forms. The rate of duty is 6.3 percent ad valorem. This rate will remain the same in the year 2003.

The product, consisting of polyamide-6 pellets, does not appear to meet the requirements for temporary duty suspension in subheading 9902.39.08, HTSUS, which provides for: Micro-porous, ultrafine, spherical forms of polyamide-6 powders (CAS-25038-54-4). However, articles classifiable under subheading 3908.10.0000, HTSUS, which are products of Slovenia may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

This merchandise may be subject to the requirements of the Toxic Substances Control Act, 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.

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 on the ruling, contact National Import Specialist Frank Cantone at 646-733-3038.

Sincerely,

Robert B. Swierupski
Director, National Commodity

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