Mr. Christopher J. Colford
Director, Import Compliance
Mitsui & Co. (U.S.A.), Inc.
Corporate Headquarters
200 Park Avenue
New York, NY 10166-0130

RE: The tariff classification of a HD3355F polyethylene resin (CAS-9002-88-4) from Japan Dear Mr. Colford:

In your letter dated May 13, 2013, you requested a tariff classification. You provided an InnoPlus HD3355F Product sheet, InnoPlus HD3355F MSDS sheets, and a sample of InnoPlus HD3355F for our review. Your sample was forwarded to the CBP Customs Laboratory for analysis.

InnoPlus HD3355F is a polyethylene resin in white pellet form designed for use in laminated film, laminated tube, and general purpose packaging film. The composition weight breakdown shown on the MSDS sheets is less than 100% polyethylene (CAS-9002-88-4) and less than 3% additives. Based on Customs Laboratory Report # NY20131251 dated October 23, 2013, the sample, InnoPlus HD3355F described as high-density polyethylene (HDPE), was analyzed by a contracted laboratory. The following is a summary of the analytical results: The specific gravity of the sample as per test method ASTM D792 is less than 0.94, and the relative viscosity of the sample as per test method ASTM D1601 is equal to or higher than 1.44.

The applicable subheading for InnoPlus HD3355F polyethylene resin in pellet form will be subheading 3901.10.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for polyethylene having a specific gravity of less than 0.94 and a relative viscosity of 1.44 or more, in primary forms. 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.


Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division