CLA-2-39:S:N:N1-F:238 880143
Mr. James W. Eberhardt
ANEW Corporation
4865 Scotts Valley Drive
Scotts Valley, CA 95066
RE: The tariff classification of polyethylene resin, in pellet
form, from Mexico
Dear Mr. Eberhardt:
In your letter dated November 6, 1992, you requested a
tariff classification ruling.
The subject merchandise, which you refer to as "post-
consumer recycled polyethylene resin (PCR)", consists of
pelletized polyethylene, which will be imported in three
different types, namely: high density polyethylene (HDPE), low
density polyethylene (LDPE), and linear low density polyethylene.
You state in your letter that your firm is in the process of
establishing a plastic recycling plant in Mexico which will
process post-consumer scrap plastic, exported from the United
States, into plastic resin pellets and then ship the pelletized
product to the United States. A sample of the pelletized resin
and a photograph of the post-consumer scrap plastic were
submitted with your inquiry.
The applicable subheading for high density polyethylene
(HDPE), in pellet form, will be 3901.20.0000, Harmonized Tariff
Schedule of the United States (HTS), which provides for polymers
of ethylene, in primary forms: polyethylene having a specific
gravity of 0.94 or more. The duty rate will be 12.5 percent ad
valorem. The applicable subheading for low density polyethylene
(LDPE), in pellet form, will be 3901.10.0020, 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 linear low
density polyethylene, in pellet form, will be 3901.10.0010, HTS,
which provides for polymers of ethylene, in primary forms:
polyethylene having a specific gravity of less than 0.94: linear
low density polyethylene. The rate of duty will be 12.5 percent
ad valorem.
Articles classifiable under subheadings 3901.20.0000, HTS;
3901.10.0020, HTS; and 3901.10.0010, HTS, which are products of
Mexico are entitled to duty free treatment under the Generalized
System of Preferences (GSP) upon compliance with all applicable
regulations.
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 SW, Washington,
DC 20460, telephone number (202) 554-1404, or EPA Region II at
(908) 321-6669.
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