The tariff classification of reground fluorinated polymers of ethylene and propylene from China, Taiwan and the United States.

N170877 June 29, 2011 CLA-2-39:OT:RR:NC:N2:237 CATEGORY: Classification TARIFF NO.: 3904.69.5000 Mr. Eric D. Smithweiss Grunfeld, Desiderio, Lebowitz Silverman & Klestadt, LLP 707 Wilshire Boulevard Suite 4150 Los Angeles, CA 90017 RE: The tariff classification of reground fluorinated polymers of ethylene and propylene from China, Taiwan and the United States. Dear Mr. Smithweiss: In your letter dated June 13, 2011, on behalf of DL Trading, Ltd., you requested a tariff classification ruling. The subject merchandise consists of off-grade chips and powder of 100% reground fluorinated polymers of ethylene and propylene (FEP). The material is derived from articles composed of 100% FEP. Upon being disposed of, the articles of FEP are collected in their manufactured form, and ground to produce chips, flakes or powder composed of 100% FEP. The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation of the HTSUS. While not legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings at the international level. See T.D. 89-80, 54 Fed. Reg. 35127 (Aug. 23, 1989). The EN to Chapter 3904 is applicable to your product: This heading covers polymers of vinyl chloride or of other halogenated olefins, in primary forms, and includes fluorinated polymers of ethylene and propylene. This heading includes reground fluorinated polymers of ethylene and propylene transformed into primary forms from waste, parings and scrap of a single thermoplastic material. The applicable subheading for the reground fluorinated polymers of ethylene and propylene will be 3904.69.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Polymers of vinyl chloride or of other halogenated olefins, in primary forms: Fluoropolymers: Other: Other. The rate of duty will be 6.5% ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their website at www.epa.gov. 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 (646) 733-3038. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division