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NY J86612




August 8, 2003

CLA-2-39:RR:NC:SP:237 J86612

CATEGORY: CLASSIFICATION

TARIFF NO.: 3901.90.1000

Mr. John M. Burns
ATOFINA Chemicals, Inc.
2000 Market Street
Philadelphia, Pennsylvania 19103-3222

RE: The tariff classification of Lotader AX 8950 ethylene elastomer from France.

Dear Mr. Burns:

In your letter dated July 1, 2003 you requested a tariff classification ruling for Lotader AX 8950 ethylene elastomer.

Chapter 39, Additional U.S. Note 1 is relevant and states: For the purposes of this chapter, the term “elastomeric” means a plastic material which after cross-linking can be stretched at 20°C 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 Customs Lab Report NY20031249 dated July 31, 2003: the submitted dumbbells meet the definition of elastomeric in Note 1.

The applicable subheading for Lotader AX 8950 ethylene elastomer will be 3901.90.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Polymers of ethylene in primary forms: Other: Elastomeric. The rate of duty is free.

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, phone (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 should be provided with the entry documents filed at the time 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,

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