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NY 858382

MAR 18 1991

CLA-2-39:S:N:N1:238 858382


TARIFF NO.: 3913.90.2000

Dr. Edward T. Kubu
4720 Southmoor Road
Richmond, VA 23234-3748

RE: The tariff classification of Mater Bi thermoplastic starch pellets from Italy.

Dear Dr. Kubu:

In your letter dated November 19,1990, on behalf of Novomont North America, Incorporated, you requested a tariff classification ruling.

According to the literature submitted, Mater Bi (material- biodegradable) is the trademark for starch-based plastics. The product contains starch or modified starch (a natural polymer or modified natural polymer) and its derivatives higher than 60 percent and synthetic resins 40 percent or less. The Mater Bi products described as AFO5H, AIO5H, AIO5H, A135H and ATO5H will be imported in the form of pellets and are to be used as biodegradable plastics in films, bags and other products

The applicable subheading for the Mater Bi thermoplastic starch products described in the previous paragraph will be 3913.90.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for Natural polymers and modified natural polymers not elsewhere specified or included in primary forms, other. The rate of duty will be 2.2 cents per kilo plus 7.7 percent ad valorem.

This merchandise may be subject to the regulations of the Environmental Protection Agency, Office of Pesticides and Toxic Substances. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, telephone number (800) 424-9086.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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