NY 855752

OCT 02 1990


CLA-2-39:S:N:N1:238 855752

Mr. Walter R. Klein
Repap Technologies, Inc.
P.O. Box 766, 2650 Eisenhower Avenue
Valley Forge, PA 19482

RE: The tariff classification of Alcell lignin from Canada.

Dear Mr. Klein:

In your letter dated August 24, 1990, on behalf of Alcell Development, Inc. you requested a tariff classification ruling.

Alcell lignin is a trade name for material generically known as organosolv lignin. The material in the form of a fine brown powder is a byproduct of an organosolv pulping process called the Alcell (for alcohol cellulose) process.

The applicable subheading for the Alcell lignin will be 3913.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for natural polymers, not elsewhere specified or included, in primary forms, other, other. The duty rate will be 2,2 cents per kilo plus 7.7 percent ad valorem. Goods classifiable under subheading 3913.90.5000, HTS, which have originated in the territory of Canada, will be entitled to a 4.6 percent rate of duty under the United States- Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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, S.W., Washington, D.C. 20460, telephone number (800) 424-9086.

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