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The tariff classification of an ethylene-butyl acrylate based resin from France.
Issued April 13, 2001 by U.S. Customs and Border Protection.
Cite this ruling
Copies to clipboardG8 G89812 (April 13, 2001)
Tariff classification
HTS codes: 3901.90.1000
Headings: 3901
Product description
Chapter 39 Additional U.S. Note 1 states “elastomeric” means a plastics material which after cross-linking can be stretched at 20(C to at least three times its original length and that, after having been stretched to twice its original length and the stress removed, returns within 5 minutes to less than 150 percent of its original length. Based on the dumbbell samples and technical data provided, Lotryl 7BA01 meets the elastomeric requirements of Note 1.
CBP rationale
The applicable subheading for the Lotryl 7BA01 will be 3901.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for other elastomeric polymers of ethylene.
Full text
NY G89812 April 13, 2001 CLA-2-39:RR:NC:2:237 G89812 CATEGORY: Classification TARIFF NO.: 3901.90.1000 Mr. Michael Russo ATOFINA Chemicals, Inc. 2000 Market Street Philadelphia, PA 19103-3222 RE: The tariff classification of an ethylene-butyl acrylate based resin from France. Dear Mr. Russo: In your letter dated April 4,2001, you requested a tariff classification ruling on Lotryl 7BA01 ethylene-butyl acrylate elastomer (CAS-25750-84-9). Chapter 39 Additional U.S. Note 1 states “elastomeric” means a plastics material which after cross-linking can be stretched at 20(C to at least three times its original length and that, after having been stretched to twice its original length and the stress removed, returns within 5 minutes to less than 150 percent of its original length. Based on the dumbbell samples and technical data provided, Lotryl 7BA01 meets the elastomeric requirements of Note 1. The applicable subheading for the Lotryl 7BA01 will be 3901.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for other elastomeric polymers of ethylene. The rate of duty is free. This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which is administered by the U.S. Environmental Protection Agency. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404 or EPA Region II at (908) 321-6669. 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 212-637-7018. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division
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