HQ 081158: Decision on a Application for Further Review of Protest No. 3901-700-0037, on the tariff classification of polyvinylidene chloride, a product of Japan.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 081158

                                 October 17, 1988

          CLA-2 CO:R:C:G 081158 JGH

          CATEGORY: Classification

          TARIFF NO.: Item No. 445.48 TSUS

          U.S. Customs Service
          District Director
          North Central Region
          610 South Canal Street
          Chicago, Illinois 60607

          RE: Decision on a Application for Further Review of
              Protest No. 3901-700-0037, on the tariff
              classification of polyvinylidene chloride, a
              product of Japan.

          Dear Sir:

               This decision is in response to the protest filed on the
          classification of a polyvinylidene chloride, a product of Japan.

          FACTS:

          PVDC Type "F" resin is said to be polyvinylidene chloride, which
          is a thermoplastic resin suitable for compression and injection
          molding.

          ISSUE:

               Whether PVDC Type "F" resin is classifiable as other vinyl
          resins in item 445.48, TSUS, other polyvinyl chloride resins, in
          item 445.46, TSUS, or other synthetic plastics materials in item
          445.56, TSUS.

          LAW AND ANALYSIS:

               It is contended in support of opinion made at the port that
          the resin is classifiable under item 445.56, TSUS, that the
          product is not a vinyl resin but a copolymer of vinylidene and
          vinyl chloride.  However, if the product were a copolymer, it
          normally would be referred to as "poly(vinylidene chloride-vinyl
          chloride)", "pol(vinylidene chloride-co-vinyl chloride)", or a

















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          similar designation, which would give an indication that more
          than one monomer was present.  There is no indication that the
          imported product is a copolymer or anything other than a
          polyvinyl chloride, which is a homopolymer of vinylidene
          chloride.

          HOLDING:

               Polyvinylidene chloride is classifiable under the provision
          for other vinyl resins in item 445.48, TSUS.

               The protest should be allowed.

               A copy of this decision should be furnished the protestant
          with the Form 19 Notice of Action.

                                         Sincerely,




                                         John Durant, Director
                                         Commercial Rulings Division






































          6cc: New York
          2cc: Chief, CIE
          1cc: Tech Services
          JGHurley:tj:typed 09/19/88