CLA-2-40:S:N:N1:240 860253

Ms. Nancy B. Zucker
Steptoe & Johnson
1330 Connecticut Avenue, N.W.
Washington, D.C. 20036-1795

RE: The tariff classification of Dutral TER 049 E3, ethylene- propylene nonconjugated diene rubber (EPDM) from Italy

Dear Ms. Zucker:

In your letter dated January 31, 1991, you requested a tariff classification ruling on behalf of your client Enimont America, Inc. The applicable HTS subheading for Dutral TER 049 E3, ethylene-propylene-nonconjugated diene rubber (EPDM) will be 4002.70.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for synthetic rubber and factice derived from oils, in primary forms or in plates, sheets or strip; mixtures of any product of heading 4001 with any product of this heading in primary forms or in plates, sheets or strip: ethylene- propylene-nonconjugated diene rubber (EPDM). The rate will be duty free. 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 already been filed, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport