CLA-2-39:S:N:N7:238 803092
The Hon. Howard Coble
Member of Congress
510 Ferndale Boulevard
High Point, NC 27262-4742
RE: The tariff classification of Polyethylene resin, in pellet form, from Lithuania
Dear Congressman Coble:
In your letter dated October 6, 1994, on behalf of Mr. Paul Bowles, you requested a tariff classification ruling.
The three subject products consist of Polyethylene virgin resin pellets. The first product, Item 15313-003, is described as a high-pressure, low-density, polyethylene virgin resin, in pellet form, having a density of 0.9205 g/cc. The second product, Item 15813-020, is described as a high-pressure, low-density, polyethylene virgin resin, in pellet form, having a density of 0.919 g/cc. The third product, Item 273-79, is described as a low-pressure, high-density, polyethylene virgin resin, in pellet form, having a density of 0.957 g/cc. We note that, according to Hawley's Condensed Chemical Dictionary, Eleventh Edition, the specific gravity of a solid or liquid is numerically equal to its density.
The applicable subheading for Items 15313-003 and 15813-020 will be 3901.10.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Polymers of ethylene, in primary forms: Polyethylene having a specific gravity of less than 0.94: Low density polyethylene, except linear low density polyethylene." The rate of duty will be 12.5 percent ad valorem. The applicable subheading for Item 273-79 will be 3901.20.0000, HTS, which provides for: "Polymers of ethylene, in primary forms: Polyethylene having a specific gravity of 0.94 or more." The rate of duty will be 12.5 percent ad valorem.
Articles classifiable in subheading 3901.10.0020, HTS, or in subheading 3901.20.0000, HTS, which are products of Lithuania, are entitled to duty-free treatment, under the Generalized System of Preferences (GSP), if the GSP is renewed, upon compliance with all applicable regulations.
This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport