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NY A81858

May 9, 1996

CLA-2-39:RR:NC:FC:238 A81858


TARIFF NO.: 3902.90.0050

Mr. Gerald O. Miller
NAPP Systems, Inc.
360 S. Pacific
San Marcos, CA 92068-3886

RE: The tariff classification of MAR TA906, imported in granular form, from Japan

Dear Mr. Miller:

In your letter dated March 22, 1996, you requested a tariff classification ruling.

According to information supplied by you, during a telephone conversation with a member of my staff, the subject product, MAR TA906, is a synthetic polymeric substance consisting of (by weight) 69% butadiene, 20% methyl methacrylate, 9% methacrylic acid, and 2% divinylbenzene.

You state in your letter that you have tested dumbbell samples for elongation and recovery, pursuant to Note 4(a) of Chapter 40, HTSUSA, and that the samples tested "meet the criteria" (of that note). However, tests conducted by the U.S. Customs laboratory in New York, on dumbbell samples submitted by you, indicate that those samples do not meet the requirements of Note 4(a) to Chapter 40, HTSUSA, in that, after vulcanization, the samples were not transformed into non-thermoplastic substances.

Accordingly, the applicable subheading for the subject product will be 3902.90.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Polymers of propylene or of other olefins, in primary forms: Other: Other." The rate of duty will be 1.3 cents per kilogram plus 7.2 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 (202) 554-1404, or EPA Region II at (908) 321-6669.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist C. Reilly at 212-466-5770.


Roger J. Silvestri

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