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NY K84514




April 6, 2004

CLA-2-39:RR:NC:SP:237 K84514

CATEGORY: CLASSIFICATION

TARIFF NO.: 3911.90.2500

Mr. Greg Smith
H. Sattler Plastics Company, Inc.
10825 7th Street - Suite D
Rancho Cucamonga, California 91730

RE: Tariff classification of recycled/regrind thermoplastic polyetherimide from Taiwan.

Dear Mr. Smith:

In your letter received on March 24, 2004 you requested a tariff classification ruling for recycled/regrind thermoplastic polyetherimide consisting of a single thermoplastic material (polyetherimide).

In your letter you suggested a classification under heading 3915, Harmonized Tariff Schedule of the United States (HTSUS), which provides for waste, parings and scrap, of plastics. Heading 3915, however, does not apply to waste, parings and scrap of a single thermoplastic material, transformed into primary forms

The applicable subheading for recycled/regrind thermoplastic polyetherimide consisting of a single thermoplastic material (polyetherimide) will be 3911.90.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for petroleum resins, coumarone-indene resins, poly-terpenes, polysulfides, polysulfones and other products specified in note 3 to this chapter, not elsewhere specified or included, in primary forms: other: containing monomer units which are aromatic or modified aromatic, or which are obtained, derived or manufactured in whole or in part therefrom: thermoplastic: other. The rate of duty is 6.1% ad valorem.

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 merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Frank Cantone at 646-733-3038.

Sincerely,

Robert B. Swierupski
Director, National Commodity
Specialist Division

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