CLA-2-39:OT:RR:NC:N1:137
Erola Sabatino
Arkema Inc.
900 First Avenue, Building 5
King of Prussia, Pennsylvania 19446
RE: The tariff classification of polyethylene terpolymer from France
Dear Ms. Sabatino:
In your letter dated August 20, 2022. you requested a tariff classification ruling.
The product under consideration is Apolhya® LP2, a terpolymer consisting primarily of polyethylene. It will be imported in pellet form. You state that the product can be used in fluid transportation, injection molding and extrusion.
In accordance with Note 4 to Chapter 39, Harmonized Tariff Schedule of the United States (HTSUS), the expression “copolymers” covers polymers in which no single monomer contributes 95 percent or more by weight to the total polymer content. Further copolymers are to be classified in the heading covering polymers of the comonomer unit which predominates by weight over ever other comonomer unit. Apolhya® LP2 qualifies as a copolymer and polyethylene is the predominant monomer, therefore the product will be classified as a copolymer of ethylene. Additionally, the product meets the definition of “elastomeric” as set forth in Additional US Note 1 to Chapter 39. HTSUS.
The applicable subheading for the Apolhya® LP2, polyethylene terpolymer will be 3901.90.1000, HTSUS, which provides for polymers of ethylene, in primary forms: other: elastomeric. The general rate of duty will be FREE.
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 the World Wide Web at https://hts.usitc.gov/current.
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 Christina Allen at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division