The tariff classification of Lotryl 18 MG 02 ethylene elastomer from France.

NY I82291 July 16, 2002 CLA-2-39:RR:NC:SP:237 I82291 CATEGORY: Classification TARIFF NO.: 3901.90.1000 Mr. Michael Russo ATOFINA Chemicals, Inc. 2000 Market Street Philadelphia, Pennsylvania 19103-3222 RE: The tariff classification of Lotryl 18 MG 02 ethylene elastomer from France. Dear Mr. Russo: In your letter dated May 20, 2002 you requested a tariff classification ruling for Lotryl 18 MG 02 ethylene elastomer. Chapter 39, Additional U.S. Note 1 is relevant and states: For the purposes of this chapter, the term “elastomeric” means a plastic 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 five minutes to less than 150 percent of its original length. Based on Customs Lab Report NY20020691 dated July 11, 2002: the submitted dumbbells meet the definition of elastomeric in Note 1. The applicable subheading for Lotryl 18 MG 02 ethylene elastomer will be 3901.90.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Polymers of ethylene in primary forms: Other: Elastomeric. The rate of duty is free. This merchandise may be subject to the requirements of the Toxic Substances Control Act 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. 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 merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Frank Cantone at 646-733-3038. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division