CLA-2-39:OT:RR:NC:N:5:137
Eileen Family
GEODIS USA, LLC
5101 S. Broad Street Philadelphia, PA 19112
RE: The tariff classification of elastomeric ethylene copolymers from Belgium
Dear Ms. Family:
In your letter dated January 13, 2025, you requested a tariff classification ruling on behalf of your client, The Dow Company.
Item 1 is referred to as ELVALOY™ AC 2116 Acrylate Copolymer. The product is a copolymer of ethylene and ethyl acrylate. The ethylene monomer comprises greater than 50 percent, but less than 95 percent by weight of the copolymer. Documentation was provided to demonstrate that the product meets the definition of “elastomeric” as provided for in Chapter 39 Additional U.S. Note 1. The product is commonly used in compounding, masterbatch and waterproofing membranes. It is available in pellet form for use in conventional extrusion and coextrusion equipment designed to process polyethylene resins.
Item 2 is referred to as ELVALOY™ AC 2615 Acrylate Copolymer. The product is a copolymer of ethylene and ethyl acrylate. The ethylene monomer comprises greater than 50 percent, but less than 95 percent by weight of the copolymer. Documentation was provided to demonstrate that the product meets the definition of “elastomeric” as provided for in Chapter 39 Additional U.S. Note 1. The product is most used in compounding and footwear applications. It is available in pellet form for use in conventional extrusion and coextrusion equipment designed to process polyethylene resins.
Item 3 is referred to as ELVALOY™ AC 2618 Acrylate Copolymer. The product is a copolymer of ethylene and ethyl acrylate. The ethylene monomer comprises greater than 50 percent, but less than 95 percent by weight of the copolymer. Documentation was provided to demonstrate that the product meets the definition of “elastomeric” as provided for in Chapter 39 Additional U.S. Note 1. The product is generally used in flexible packaging applications. It is available in pellet form for use in conventional extrusion and coextrusion equipment designed to process polyethylene resins.
Item 4 is referred to as BYNEL™ 22E780 Acrylate Copolymer. The product is a polyethylene/acrylate copolymer. The ethylene monomer comprises greater than 50 percent, but less than 95 percent by weight of the copolymer. Documentation was provided to demonstrate that the product meets the definition of “elastomeric” as provided for in Chapter 39 Additional U.S. Note 1. The product is an adhesive resin designed to bond materials that would not ordinarily adhere to each other. It is most often used to adhere to polyethylene, polypropylene, polyethylene terephthalate and paper. It is available in pellet form for use in conventional extrusion and coextrusion equipment designed to process polyethylene resins.
The applicable subheading for the elastomeric ethylene copolymers will be 3901.90.1000, Harmonized Tariff Schedule of the United States (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 at https://hts.usitc.gov/.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Christina Allen at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division