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HQ 954257

March 22, 1994

CLA-2 CO:R:C:F 954257 EAB


TARIFF NO.: 3902.10.00

Area Director
New York Seaport
U.S. Customs Service
6 World Trade Center
New York, New York 10048

RE: Internal Advice Request No. 38/93; atactic polypropylene; APP; IA 52/92; HRL 954314

Dear Sir:

This request for Internal advice was initiated by an undated letter on behalf of Alumex Trading, Co., Inc. and International Trade and Commerce, Inc., from Mr. Carlos Gerardo Gil, Office Manager of International Trade and Commerce, Inc.


The merchandise is atactic polypropylene in the form of irregularly shaped, malleable blocks. Scientific literature indicated that fully polymerized polypropylene is stereospecific and crystalline in structure, while atactic polypropylene is random in structure and amorphous.

Among the documents submitted by the inquirer is a letter from Mr. Russell A. Long, "Consultant to the Plastics Industry," who states that APP is "the unwanted, undesired waste by-product, comprised of flawed molecules, of the process for producing isotactic polypropylene [.]"


Whether atactic polypropylene, APP, in the form of irregularly shaped blocks, is classifiable as waste under heading 3915 or under heading 3902 as a polymer of propylene.


Merchandise imported into the U.S. is classified under the HTSUSA. The tariff classification of such merchandise is governed by the principles set forth in the General Rules of Interpretation (GRIs) and, in the absence of special language or context which otherwise requires, by the Additional U.S. Rules of Interpretation. The GRIs and Additional U.S. Rules of Interpretation are part of the HTSUSA and are to be considered statutory provisions of law for all purposes.

In Internal Advice 52/92 (HRL 952412 dated August 24, 1992), this Office held that APP homopolymer in primary form was classified under subheading 3902.10.00, HTSUSA, and that APP copolymer was classified under subheading 3902.30.00.

In HRL 954314 (June 23, 1993), Customs found that amorphous polyolefins are "plastics" as that term is defined in Legal Note 1, Chapter 39, and if in primary form, would be classified under that heading describing the particular polymer.

We continue to believe that APP in primary form is classifiable under heading 3902 of the Schedule.


Atactic polypropylene (APP) homopolymer in irregularly shaped blocks is classifiable under subheading 3902.10.00, HTSUSA, a provision for polymers of propylene or of other olefins, in primary forms; polypropylene, and is dutiable at the column one general rate of 12.5 percent ad valorem.


John Durant, Director

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