CLA-2 CO:R:C:F 954257 EAB
Area Director
New York Seaport
U.S. Customs Service
6 World Trade Center
New York, New York 10048
Re: Internal Advice Request No. 38/93; atactic polypropylene; APP;
IA 52/92; HRL 954314
Dear Sir:
This request for Internal advice was initiated by an undated
letter on behalf of Alumex Trading, Co., Inc. and International
Trade and Commerce, Inc., from Mr. Carlos Gerardo Gil, Office
Manager of International Trade and Commerce, Inc.
FACTS:
The merchandise is atactic polypropylene in the form of
irregularly shaped, malleable blocks. Scientific literature
indicated that fully polymerized polypropylene is stereospecific
and crystalline in structure, while atactic polypropylene is random
in structure and amorphous.
Among the documents submitted by the inquirer is a letter from
Mr. Russell A. Long, "Consultant to the Plastics Industry," who
states that APP is "the unwanted, undesired waste by-product,
comprised of flawed molecules, of the process for producing
isotactic polypropylene [.]"
ISSUE:
Whether atactic polypropylene, APP, in the form of irregularly
shaped blocks, is classifiable as waste under heading 3915 or under
heading 3902 as a polymer of propylene.
LAW AND ANALYSIS:
Merchandise imported into the U.S. is classified under the
HTSUSA. The tariff classification of such merchandise 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 Additional U.S. Rules of Interpretation are part of
the HTSUSA and are to be considered statutory provisions of law for
all purposes.
In Internal Advice 52/92 (HRL 952412 dated August 24, 1992),
this Office held that APP homopolymer in primary form was
classified under subheading 3902.10.00, HTSUSA, and that APP
copolymer was classified under subheading 3902.30.00.
In HRL 954314 (June 23, 1993), Customs found that amorphous
polyolefins are "plastics" as that term is defined in Legal Note
1, Chapter 39, and if in primary form, would be classified under
that heading describing the particular polymer.
We continue to believe that APP in primary form is
classifiable under heading 3902 of the Schedule.
HOLDING:
Atactic polypropylene (APP) homopolymer in irregularly shaped
blocks is classifiable under subheading 3902.10.00, HTSUSA, a
provision for polymers of propylene or of other olefins, in primary
forms; polypropylene, and is dutiable at the column one general
rate of 12.5 percent ad valorem.
Sincerely,
John Durant, Director