CLA-2-39:S:N:N7:238 893389
Ms. Tina J. Okragly
A. Burghart Shipping Co., Inc.
Hemisphere Center
Newark, NJ 07114
RE: The tariff classification of PEBAX 2533 SA OO,
PEBAX 3533 SA OO, PEBAX 4033 SA OO, PEBAX 5533 SA OO,
and PEBAX 6333 SA OO, in primary form, from France
Dear Ms. Okragly:
In your letter dated September 3, 1993,
resubmitted on December 22, 1993, on behalf of your
client, Elf Atochem North America, you requested a
tariff classification ruling.
The samples submitted of PEBAX 2533 SO OO, PEBAX
3533 SO OO, and PEBAX 4033 SO OO consist of
translucent pellets, which are composed of a
copolymer of an other polyether (poly 1,4-butanediol)
and nylon 12. The predominant comonomer, by weight,
is that of the polyether. The submitted samples of
PEBAX 5533 SO OO and PEBAX 6333 SO OO consist of
translucent pellets, which are composed of a
copolymer of nylon 12 and an other polyether. The
predominant comonomer is that of nylon 12 (less than
95%, by weight).
The applicable subheading for PEBAX 2533 SO OO,
PEBAX 3533 SO OO, and PEBAX 4033 SO OO will be
3907.20.0000, Harmonized Tariff Schedule of the
United States (HTS), which provides for polyacetals,
other polyethers and epoxide resins, in primary
forms; polycarbonates, alkyd resins, polyallyl esters
and other polyesters, in primary forms: other
polyethers. The rate of duty will be 2.2 cents per
kilogram plus 7.7 percent ad valorem. The applicable
subheading for PEBAX 5533 SO OO and PEBAX 6333 SO OO
will be 3908.90.0000, HTS, which provides for
polyamides in primary forms: other. The rate of duty
will be 2.2 cents per kilogram plus 7.7 percent ad
valorem.
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 SW,
Washington, DC 20460, telephone number (202) 554-
1404, or EPA Region II at (908) 321-6669.
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