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NY 881695

February 22, 1993

CLA-2-39:S:N:N7:238 881695


TARIFF NO.: 3901.90.1000; 3902.30.0000

Ms. Shara L. Aranoff
Steptoe & Johnson
1330 Connecticut Avenue, N.W.
Washington, DC 20036-1795

RE: The tariff classification of Dutral CO 054, CO 059, CO 554 and CO 058 synthetic polymers, in primary form, from Italy

Dear Ms. Aranoff:

In your letter dated January 4, 1993, on behalf of your client, EniChem America Inc., you requested a tariff classification ruling.

Dutral CO 054, CO 059 and CO 554 are ethylene/propylene copolymers, each containing more than 50% by weight of ethylene comonomer. All three products are elastomers, within the meaning of Chapter 39, Additional U.S. Note 1, HTSUS. Dutral CO 058 is an ethylene/propylene copolymer, which is stated to contain 50% propylene and 50% ethylene comonomers by weight. With respect to Dutral CO 043, we are unable to issue a ruling without the submission of twenty (20) additional dumbbell-shaped samples of this product. You indicate that these products will be imported as large, irregular-shaped lumps or blocks, which are referred to as "compact bales".

The applicable subheading for Dutral CO 054, CO 059 and CO 554 will be 3901.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for polymers of ethylene, in primary forms: other: elastomeric. The rate of duty will be free. The applicable subheading for Dutral CO 058 will be 3902.30.0000, HTS, which provides for polymers of propylene or other olefins, in primary forms: propylene copolymers. The rate of duty will be 2.2 cents per kilogram 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 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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