Mr. Michiyo Sekiguchi
Inside Sales Supervisor
Nippon Paint (USA) Incorporated
300 Frank W. Burr Blvd. - Suite 10
Teaneck, New Jersey 07666

RE: The tariff classification of an ethylene-propylene copolymer powder (CAS-9010-79-1) from Japan.

Dear Mr. Sekiguchi:

In your letter dated January 14, 2012 you requested a tariff classification. You provided MSDS sheets for our review.

MITSUI HI-WAX is described as a low molecular weight ethylene-propylene copolymer resin (CAS-9010-79-1). The product will be imported in powder form for use as a raw material in the manufacture of powder coatings for automotive wheels. The applicable subheading for the ethylene-propylene copolymer in powder form will be 3901.90.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Polymers of ethylene, in primary forms: Other: Other: Ethylene copolymers. The rate of duty will be 6.5% ad valorem.

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., Washington, D.C. 20460, by calling the TSCA Assistance Line at (202) 554-1404, by Fax at (202) 554-5603, by e-mail to: [email protected] or by visiting their website at

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

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.


Thomas J. Russo
National Commodity Specialist Division