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NY R02003

June 2, 2005

CLA-2-34:RR:NC:SP:237 R02003


TARIFF NO.: 3902.90.0010

Ms. Karen Quintana
New Wave Logistics USA dba NYK Logistics Americas NVOCC & CHB Division 2417 E Carson Street, Suite 200
Long Beach, CA 90810

RE: Tariff classification of 100% polybutene (CAS-9003-29-6) from the Republic of Korea.

Dear Ms. Quintana:

In your letter dated May 18, 2005, on behalf of International Petroleum Products & Additives Co., Inc. (IPAC), you requested a tariff classification ruling for 100% polybutene (CAS-9003-29-6) not meeting the description of Chapter 39 Note 3(a) which provides for liquid synthetic polyolefins of which less than 60 percent by volume distills at 300oC.

Chapter 39 Note 3(c) is relevant to your product and provides for other polymers with an average of at least five monomer units. Based on CAS-9003-29-6 the product, also called polybutylene, is a high polymer composed of a large number of monomer units. In Subheading Note 1(a) (1) a prefix “poly” means the constituent monomer unit contributes 95% or more by weight of the polymer. The constituent monomer unit in your polymer contributes 100%. Heading 3902, HTSUS, provides for polymers of propylene or of other olefins. Subheading 3902.90.0010, HTSUS, provides for polybutylene.

The applicable subheading for the 100% polybutene (CAS-9003-29-6) will be 3902.90.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for polybutylene, in primary forms. The rate of duty will be 6.5 percent ad valorem.

This product may be subject to the requirements of the Toxic Substances Control Act, administered by the U.S. Environmental Protection Agency. You may contact them at 402 M Street, S.W., Washington, D.C. 20460 or at 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 control number indicated above should be provided with entry documents filed at time merchandise is imported. For any questions regarding the ruling, contact National Import Specialist Frank Cantone at (646) 733-3038. Sincerely,

Robert B. Swierupski
Director, National Commodity
Specialist Division

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