CLA-2-39: RR:NC:2:237 G89818
Mr. Michael Russo
ATOFINA Chemicals, Inc.
2000 Market Street
Philadelphia, PA 19103-3222
RE: The tariff classification of an ethylene-ethyl acrylate based resin from France.
Dear Mr. Russo:
In your letter dated April 4,2001, you requested a tariff classification ruling on Lotader 7500 ethylene-ethyl acrylate-maleic anhydride elastomer (CAS-41171-14-6).
Chapter 39 Additional U.S. Note 1 states “elastomeric” means a plastics material which after cross-linking can be stretched at 20(C to at least three times its original length and that, after having been stretched to twice its original length and the stress removed, returns within 5 minutes to less than 150 percent of its original length. Based on the dumbbell samples and technical data provided, Lotader 7500 meets the elastomeric requirements of Note 1.
The applicable subheading for the Lotader 7500 will be 3901.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for other elastomeric polymers of ethylene. The rate of duty is free.
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 them 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 Frank Cantone at 212-637-7018.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division