NY 860271

MAR 14 1991

CLA-2-39:S:N:N1:238 860271

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

RE: The tariff classification of four grades of Dutral, namely, PM 05 PLP, PM 07 PLP, PM 08 PLP, and PM 09 PLP 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..

Dutral PM 05 PLP, PM 07 PLP, PM 08 PLP, and PM 09 PLP represent various grades or percentages by weight of a propylene copolymer of the propylene - ethylene type (contains less than fifty percent by weight of the ethylene comonomer). These products will be imported as pellets and used to produce radiator hoses, whitewalls for tires, pharmaceutical stoppers and rubber gaskets for windshields.

The applicable subheading for the four grades of Dutral PM 05 PLP, PM 07 PLP, PM 08 PLP, and PM 09 PLP will be 3902.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for propylene copolymers in primary form. The rate of duty will be 2.2 cents per kilogram plus 7.7 percent ad valorem.

This merchandise may be subject to the regulations of the Environmental Protection Agency, Office of Pesticides and Toxic Substances. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, telephone number (800) 424-9086.

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