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NY N009732




April 30, 2007

CLA-2-39:RR:NC:237

CATEGORY: CLASSIFICATION

TARIFF NO.: 3907.60.0010

Mr. Joe Couret
Panalpina Inc.
207 E. Bay Street, Suite 209
Charleston, SC 29401

RE: Tariff classification of ground polyethylene terephthalate from Peru, Argentina, Costa Rica and Venezuela.

Dear Mr. Couret:

In your letter dated April 1, 2007, on behalf of Plastics Provider Inc., you requested a tariff classification ruling. The product consists of ground polyethylene terephthalate flake chips produced by grinding empty clear or green-colored plastic bottles containing a single thermoplastic material (polyethylene terephthalate) into a primary form (flake chips). The product will be imported cleaned and washed, or containing 1 %, 5 % or more than 5 % residual dirt. Your samples, consisting of clear and green-colored flake chips, were examined and disposed of.

The applicable subheading for ground polyethylene terephthalate cleaned and washed or containing residual dirt will be 3907.60.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for polyethylene terephthalate bottle-grade resins in primary forms. The rate of duty will be 6.5 percent ad valorem.

Articles classifiable in 3907.60.0010, HTSUS, that are products of Peru, Costa Rica and Venezuela and other beneficiary countries may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

In addition, articles classifiable in 3907.60.0010, HTSUS, that are products of Costa Rica and other beneficiary countries may be entitled to duty free treatment under the Caribbean Basin Economic Recovery Act (CBERA) upon compliance with all applicable regulations.

Also, articles classifiable in 3907.60.0010, HTSUS, that are products of Peru and other beneficiary countries may be entitled to duty free treatment under the Andean Trade Preference Act (ATPA) upon compliance with all applicable regulations.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

This merchandise may be subject to the requirements or the Toxic Substances Control Act, Administered by the U.S. Environmental Protection Agency. You may contact them at them at 1200 Pennsylvania, N.W., Mail Code 70480, Washington, D.C., telephone (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 regarding the ruling, contact National Import Specialist Frank Cantone at 646-733-3038.

Sincerely,

Robert B. Swierupski
Director,

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