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NY 801481

October 25, 1994

CLA-2-39:S:N:N7:238 801481


TARIFF NO.: 3902.90.0050

Mr. P. Miccuci
Mitsui & Co.(USA), Inc.
200 Park Avenue
New York, NY 10166-0130

RE: The tariff classification of Demol EP from Japan

Dear Mr. Miccuci:

In your letter dated August 16, 1994, you requested a tariff classification ruling.

The submitted sample, referred to as Demol EP, consists of a diisobutylene/maleic acid copolymer, in liquid form, with diisobutylene predominating by weight. Although the product information sheet supplied by the manufacturer characterizes Demol EP as an anionic surfactant, a report prepared by the New York Customs laboratory indicates that this product does not meet the criterion of Note 3(b) to Chapter 34, HTSUS, for purposes of inclusion in heading 3402, HTSUS, as an organic surface-active agent.

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 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, 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 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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