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NY A84711

August 30, 1996

CLA-2-39:RR:NC:FC:238 A84711


TARIFF NO.: 3901.90.1000

Mr. Vytas Gruodis
Punda Mercantile Inc.
4115 Sherbrooke St. West, 6th Floor
Montreal, Quebec H3Z 1K9 Canada

RE: The tariff classification of Plascoat PPA 571 from the United Kingdom

Dear Mr. Gruodis:

In your letter dated May 2, 1996, resubmitted on June 3, 1996, you requested a tariff classification ruling.

The submitted sample, Plascoat PPA 571 , consists of a white powder composed of a blend of ethylene-acrylic acid copolymers and polyethylene. Ethylene is the predominant comonomer in the blend (less than 95% by weight). According to the U.S. Customs laboratory, at New York, the dumbbell samples submitted for testing (along with the powder) meet the criteria for "elastomeric", as outlined in Additional U.S. Note 1 to Chapter 39, HTSUS.

The applicable subheading for the subject product 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 Toxic Substances Control Act (TSCA), which is administered by the Environmental Protection Agency. 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 Cornelius Reilly at 212-466-5770.


Roger J. Silvestri

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