Tariff classification of two linear low density polyethylenes in pellet form from India.

NY L89045 March 21, 2006 CLA-2-39:RR:NC:SP:237 L89045 CATEGORY: Classification TARIFF NO.: 3901.10.1000 Mr. Ron Rozgonyi Sempra Metals Services Corp. 58 Commerce Road Stamford, Connecticut 06902 RE: Tariff classification of two linear low density polyethylenes in pellet form from India. Dear Mr. Rozgonyi: In your letter dated November 21, 2005 you requested a tariff classification ruling for two linear low density polyethylenes in pellet form. You suggested the products should be classified in subheading 3901.10.5010, HTSUS, which provides for other polyethylene having a specific gravity of less than 0.94 and a relative viscosity of less than 1.44.  Your samples were forwarded to the United States Customs Laboratory for analysis. Based on Customs Laboratory Report # NY20051877 dated March 10, 2006, the sample Halene L 71601S polyethylene has a specific gravity of less than 0.94 and a relative viscosity of 2.70; and the sample Halene L 71601W polyethylene has a specific gravity of less than 0.94 and a relative viscosity of 2.69. The applicable subheading for the linear low density polyethylene pellets 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. 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 http://www.usitc.gov/tata/hts/. This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), administered by the U.S. Environmental Protection Agency. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, telephone (202) 554-1404. 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 entry documents filed at the time merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Frank Cantone at (646) 733-3038. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division