CLA-2-39:RR:NC:SP:237
Mr. Jason Combs
C J International, Inc.
7720 Bluffton Road, Suite A
Fort Wayne, Indiana 46809-2912
RE: Classification of polyethylene resin powders and solid shapes from Germany
Dear Mr. Combs:
In your letter dated June 29, 2007, on behalf of MediTech Medical Polymers, you requested a tariff classification ruling for 2 polyethylene resin powders and 3 polyethylene solid shapes. Your samples are being returned.
GUR-1020 and GUR-1050 UHMW-PE are described as ultra-high molecular weight polyethylene resins (CAS-9002-88-4) in white powder form. The intrinsic viscosity for GUR-1020 is 20.0 and for GUR-1050 is 30.0. The specific gravity for each resin is between 0.925 and 0.940. UHMW-PE is an extremely high viscosity polymer that requires compression molding and ram extrusion to generate the high pressures needed to mold and extrude stock shapes and profiles for subsequent machining. The resins will be imported in 25 kilogram size bags.
The applicable subheading for the ultra-high molecular weight polyethylene powders with extremely high viscosity will be subheading 3901.10.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Polymers of ethylene, in primary forms: Polyethylene having a specific gravity of less than 0.94: Having a relative viscosity of 1.44 or more. The rate of duty will be 6.5% ad valorem.
The polyethylene shapes are described as solid plastic forms consisting of round rods from 0.094 to 4.0 inches in diameter and lengths up to 10 feet; square and rectangular sheets and bars in various widths and thicknesses and lengths up to 10 feet; and various geometric shapes, including octagons, hexagons and customer specific shapes. The geometric and customer specific shapes have a uniform cross-section throughout their lengths and are considered to be profile shapes.
The applicable subheading for the square and rectangular sheets, plates and bars, whatever their length, will be 3920.10.0000, HTSUS, which provides for: Other plates, sheets, film, foil and strip, of plastics, noncellular and not reinforced, laminated, supported or similarly combined with other materials: Of polymers of ethylene. The rate of duty will be 4.2% ad valorem.
The applicable subheading for the solid rods and geometric or custom profiles, when imported in lengths that exceed their greatest cross-sectional dimension, will be 3916.10.0000, HTSUS, which provides for: Monofilament of which any cross-sectional dimension exceeds 1 mm, rods, sticks and profile shapes, whether or not surface-worked but not otherwise worked, of plastics: Of polymers of ethylene. The rate of duty will be 5.8% ad valorem.
The applicable subheading for the solid rods and geometric or custom profiles, when imported in lengths that do not exceed their greatest cross-sectional dimension, will be 3926.90.9980, HTSUS, which provides for: Other articles of plastics…Other. The rate of duty will be 5.3% 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 Toxic Substances Control Act (TSCA), which is regulated by the U.S. Environmental Protection Agency (EPA). Information on 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 at the 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 control number above should be provided with entry documents filed at the time merchandise is imported. If you have any questions on this ruling, contact National Import Specialist Frank Cantone at (646) 733-3038.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division