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NY J83885

May 7, 2003

CLA-2-39:RR:NC:SP:237 J83885


TARIFF NO.: 3901.90.9000

Mr. Milton Hamburger
C. P. Phibro Chem
One Parker Plaza
Fort Lee, New York 07024

RE: Tariff classification of chlorinated polyethylene resins (CAS-064754-90-1) from China

Dear Mr. Hamburger:

In your letter dated April 15, 2003 you requested a tariff classification ruling for three chlorinated polyethylene resin powders: CPE135A modifier grade and CPE351C injection molding grade for use in the production of weather, oil, chemical, ozone, fire and impact resistant plastic products (door profiles, window frames, drain pipes, laminated sheet, chair rails, etc.); and CM361M elastomer grade for use in flame, acid, oil and water resistant synthetic rubber products (cable sheath, seals, conveyer belt, sheeting, weather strip, etc.).

The applicable subheading for the CPE135A modifier grade and CPE351C injection molding grade chlorinated polyethylene resin powders will be subheading 3901.90.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other polymers of ethylene in primary forms. The rate of duty is 6.5 percent ad valorem.

We are returning your request for a classification ruling on CM361M elastomer grade chlorinated polyethylene because we need the following additional information in order to issue a ruling: (1) Sixteen dumbbell shaped specimens, along with compounding recipe, for elastomeric testing; and (2) Formulations and Mechanical Properties analytical data (elongation and stretch-return test results).

Chapter 39, Additional U.S. Note 1 is relevant and states: For the purposes of this chapter, the term “elastomeric” means a plastic material which after cross-linking can be stretched at 20°C to at least three times its original length and that, after having been stretched to twice its original length and the stress removed, returns within five minutes to less than 150 percent of its original length.

When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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.

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, contact National Import Specialist Frank Cantone at 646-733-3038.


Robert B. Swierupski
Director, National Commodity Specialist Division

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