CLA-2-39:S:N:N7:238 881695
Ms. Shara L. Aranoff
Steptoe & Johnson
1330 Connecticut Avenue, N.W.
Washington, DC 20036-1795
RE: The tariff classification of Dutral CO 054, CO 059, CO 554
and CO 058 synthetic polymers, in primary form, from Italy
Dear Ms. Aranoff:
In your letter dated January 4, 1993, on behalf of your
client, EniChem America Inc., you requested a tariff
classification ruling.
Dutral CO 054, CO 059 and CO 554 are ethylene/propylene
copolymers, each containing more than 50% by weight of ethylene
comonomer. All three products are elastomers, within the meaning
of Chapter 39, Additional U.S. Note 1, HTSUS. Dutral CO 058 is an
ethylene/propylene copolymer, which is stated to contain 50%
propylene and 50% ethylene comonomers by weight. With respect to
Dutral CO 043, we are unable to issue a ruling without the
submission of twenty (20) additional dumbbell-shaped samples of
this product. You indicate that these products will be imported
as large, irregular-shaped lumps or blocks, which are referred to
as "compact bales".
The applicable subheading for Dutral CO 054, CO 059 and CO
554 will be 3901.90.1000, Harmonized Tariff Schedule of the
United States (HTS), which provides for polymers of ethylene, in
primary forms: other: elastomeric. The rate of duty will be free.
The applicable subheading for Dutral CO 058 will be 3902.30.0000,
HTS, which provides for polymers of propylene or other olefins,
in primary forms: propylene copolymers. 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 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