CLA-2-39:RR:NC:FC:238 A86113

Mr. Vernon Kurz
BDP International Inc.
1017 4th Avenue
Lester, PA 19029-1813

RE: The tariff classification of VESTOPLAST C 9020, in granular form, from Germany

Dear Mr. Kurz:

In your letter dated April 24, 1996, resubmitted July 22, 1996, on behalf of your client, Huls America, Inc., you requested a tariff classification ruling.

According to a report issued to this office by the U.S. Customs laboratory in New York, the submitted sample, Vestoplast C 9020, consists of granules composed of an amorphous thermoplastic propylene copolymer, with propylene being the predominant comonomer by weight.

The applicable subheading for the subject product will be 3902.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Polymers of propylene or of other olefins, in primary forms: Propylene copolymers." The rate of duty will be 1.3 cents per kilogram plus 7.2 percent.

This merchandise may be subject to the regulations of the Toxic Substances Control Act (TSCA), which is administered by the 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 Cornelius Reilly at 212-466-5770.


Sincerely,

Roger J. Silvestri
Director,
National Commodity
Specialist Division