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NY 879354

November 12, 1992

CLA-2-39:S:N:N1-F:238 879354


TARIFF NO.: 3907.60.0050

Mr. Don Kerivan
Plastics Forming Systems
850 E. Industrial Park Dr., Unit 14
Manchester, NH 03103

RE: The tariff classification of unwashed polyethylene terephthalate (P.E.T.) flakes from Australia

Dear Mr. Kerivan:

In your letter dated October 14, 1992, you requested a tariff classification ruling.

The submitted sample consists of unwashed flakes composed of polyethylene terephthalate (P.E.T.), which is a thermoplastic material. You state in your letter that, subsequent to importation, these flakes, which are made from post-consumer beverage soda bottles (1 and 2 liter sizes), " ... will go directly to a washing facility which will wash the material and use it for secondary P.E.T. fiber applications."

The applicable subheading for this product will be 3907.60.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for polyallyl esters and other polyesters, in primary forms: polyethylene terephthalate: other. The rate of duty will be 3.1 cents per kilogram plus 9 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 SW, Washington, DC 20460, telephone number (202) 554-1404, or EPA Region II at (908) 321-6669.

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

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