CLA-2 CO:R:C:F 951972 EAB
Mr. Jan A. Van Hummel
ISCOM, Inc.
P.O. Box 822546
Dallas, Texas 75382-2546
Re: Classification under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA) of atactic polypropylene;
APP; polypropylene; single thermoplastic; waste; 3915
Dear Mr. Van Hummel:
This is in reply to your written request dated April 28,
1992, for a binding ruling on the classification under the HTSUSA
of atactic polypropylene (APP).
FACTS:
You have described and submitted five samples of APP. You
distinguish among so-called "remelt" APP, APP-STC, APP-KOC, APP-
STH and APP-HG. Four of the samples originate in Japan, the
fifth in Korea. "Remelt" APP is described as coming from
separated landfill. Two samples are labelled "copolymer", and
identified as consisting of less than 5 percent of ethylene,
whereas the remaining two samples consisting of 100 percent
atactic polypropylene are labelled "homopolymer APP." Four of
the samples are blocks or lumps of irregular shape and one is in
the form of pellets.
It appears from your submission that, historically, APP was
not intentionally made, because it lacked any industrial or
commercial application. You state that APP is a by-product
"(about 1% of total production of a plant)" generated during the
production of polypropylene resin and, until the late 1970s, all
APP was discarded to landfills. Since that time period, APP has
been used in combination with other materials added to bitumen in
the manufacture of roofing membranes.
ISSUE:
What is the classification of atactic polypropylene?
LAW AND ANALYSIS:
Merchandise imported into the U.S. is classified under the
HTSUSA. Tariff classification is governed by the principles set
forth in the General Rules of Interpretation (GRIs) and, in the
absence of special language or context which otherwise requires,
by the Additional U.S. Rules of Interpretation. The GRIs and the
Additional U.S. Rules of Interpretation as well as section and
chapter notes are part of the HTSUSA and are to be considered
statutory provisions of law for all purposes.
Heading 3902, HTSUSA, describes in part polymers of
polypropylene, in primary forms. Subheading 3902.10.00 describes
"polypropylene."
Heading 3915 is descriptive of waste, parings and scrap of
plastics, and subheading 3915.90 identifies such articles of
other plastics, i.e., other than ethylene, styrene and vinyl
chloride.
Legal Note 6(b), Chapter 39, defines "primary forms" to
include blocks of irregular shape, lumps, powders, flakes and
similar bulk forms. Note 7 provides that heading 3915 does not
apply to waste, parings and scrap of a single thermoplastic
material, transformed into primary forms; such goods are articles
of plastics classifiable under one of headings 3901-3914.
Polypropylene is a thermoplastic. Compounds in which any
one monomer contributes 95 percent or more by weight to the total
polymer content are not "copolymers", see Legal Note 4, Chapter
39. We find all of the samples are of the single thermoplastic
polypropylene and are in primary form. We find that the
merchandise is not classifiable under heading 3915.
Polymers of polypropylene are known to exist in three forms:
isotactic, syndiotactic and atactic. Heading 3902 makes no
distinction among the three; since it is without limitation, we
are of the opinion that heading 3902 is descriptive of all forms
of polypropylene.
HOLDING:
Atactic polypropylene in primary form is classifiable under
subheading 3902.10.00, HTSUSA, and dutiable at the column one
general rate of 12.5 percent ad valorem.
Sincerely,
John Durant, Director