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NY D85500

December 11, 1998

CLA-2-39:RR:NC:N2:237 D85500


TARIFF NO: 3902.30.0000

Mr. Jan A. Van Hummel
2101 Lakeway Boulevard, Suite 110
Austin, Texas 78734

RE: The classification of a propylene copolymer from Japan.

Dear Mr. Van Hummel:

In your letter dated November 20, 1998 you requested a tariff classification ruling.

The product is described as Atatic Polypropylene (APP) Copolymer Type KOC having a percent by weight composition of 75 percent propylene and 25 percent ethylene. You reference headquarters rulings HQ951972, HQ952523, HQ954159, and HQ958587 which clearly state that APP is classifiable in heading 3902.

Classification of merchandise under the HTSUS is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification is determined first in accordance with the terms of the headings of the tariff and any relative section or chapter notes, and unless otherwise required, according to the remaining GRI's taken in order.

Heading 3902, HTSUS, provides for polymers of propylene or of other olefins, in primary forms. Legal Note 4 of Chapter 39 defines copolymers as all polymers in which no single monomer contributes 95 percent or more by weight of their total polymer content. Subheading 3902.30.00, HTSUS, provides for propylene copolymers.

The applicable subheading for the product will be 3902.30.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for propylene copolymers. The rate of duty is 0.4 cents per kilogram plus 6.7 percent ad valorem.

This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA) which is administered by the U.S. Environmental Protection Agency. You may contact the Agency 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 F. Cantone at 212-466-5488.


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