CLA-2-39:RR:NC:N2:237 D85500
TARIFF NO: 3902.30.0000
Mr. Jan A. Van Hummel
ISCOM
2101 Lakeway Boulevard, Suite 110
Austin, Texas 78734
RE: The classification of a propylene copolymer from Japan.
Dear Mr. Van Hummel:
In your letter dated November 20, 1998 you requested a
tariff classification ruling.
The product is described as Atatic Polypropylene (APP)
Copolymer Type KOC having a percent by weight composition of
75 percent propylene and 25 percent ethylene. You reference
headquarters rulings HQ951972, HQ952523, HQ954159, and HQ958587
which clearly state that APP is classifiable in heading 3902.
Classification of merchandise under the HTSUS is governed by
the General Rules of Interpretation (GRI's). GRI 1 provides that
classification is determined first in accordance with the terms
of the headings of the tariff and any relative section or chapter
notes, and unless otherwise required, according to the remaining
GRI's taken in order.
Heading 3902, HTSUS, provides for polymers of propylene or
of other olefins, in primary forms. Legal Note 4 of Chapter 39
defines copolymers as all polymers in which no single monomer
contributes 95 percent or more by weight of their total polymer
content. Subheading 3902.30.00, HTSUS, provides for propylene
copolymers.
The applicable subheading for the product will be
3902.30.0000, Harmonized Tariff Schedule of the United States
(HTSUS), which provides for propylene copolymers. The rate of
duty is 0.4 cents per kilogram plus 6.7 percent ad valorem.
This merchandise may be subject to the requirements of the
Toxic Substances Control Act (TSCA) which is administered by the
U.S. Environmental Protection Agency. You may contact the Agency
at 402 M Street, S.W., Washington, D.C. 20460, telephone number
(202) 554-1404, or EPA Region II at (908) 321-6669.
This ruling is being issued under the provisions of Part 177
of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above
should be provided with the entry documents filed at the time
this merchandise is imported. If you have any questions regarding
the ruling, contact National Import Specialist F. Cantone at 212-466-5488.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division