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NY 890704

November 22, 1993

CLA-2-39:S:N:N7:238 890704


TARIFF NO.: 3901.90.1000

Peter Lichtenbaum, Esq.
Steptoe & Johnson
1330 Connecticut Avenue, N.W.
Washington, D.C. 20036-1795

RE: The tariff classification of "Dutral CO 051" elastomeric copolymer, in primary form, from Italy

Dear Mr. Lichtenbaum:

In your letter dated September 22, 1993, on behalf of yor client, EniChem America Inc., you requested a tariff classification ruling.

The subject merchandise, Dutral CO 051, is a copolymer, in primary form, consisting of (by weight) 56.5% ethylene and 43.5% propylene. The product meets the "elastomeric" requirements of Additional U.S. Note 1 to Chapter 39, HTSUS.

The applicable subheading for the subject merchandise 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.

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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