The tariff classification of Dutral CO 034, CO 034 PL, CO038, CO 038 PL & CO 038 EP synthetic polymers, in primary forms,from Italy

NY 881782 February 18, 1993 CLA-2-39:S:N:N7:238 881782 CATEGORY: Classification TARIFF NO.: 3901.90.1000 Ms. Shara L. Aranoff Steptoe & Johnson 1330 Connecticut Avenue, N.W. Washington, DC 20036-1795 RE: The tariff classification of Dutral CO 034, CO 034 PL, CO 038, CO 038 PL & CO 038 EP synthetic polymers, in primary forms, 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. The five products in question, designated as Dutral CO 034, CO 034 PL, CO 038, CO 038 PL & CO 038 EP, are ethylene/propylene copolymers, each containing more than 50% by weight of ethylene comonomer. All five products are elastomers, within the meaning of Chapter 39, Additional U.S. Note 1, HTSUS. You indicate that Dutral CO 034 PL and CO 038 PL will be imported in pellet form, while Dutral Co 034, CO 038 and CO 038 EP will be imported as large, irregular-shaped lumps or blocks, which are referred to as "compact bales" (CO 034 & CO 038) or "soft bales" (CO 038 EP). The applicable subheading for all five products 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. 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