HQ 952412: Internal Advice Request No. 52/92; atactic polypropylene; APP; HRL 951972

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 952412

                         August 24, 1992

CLA-2 CO:R:C:F 952412 EAB

CATEGORY: Classification

TARIFF NO.: 3902.10.00; 3902.30.00

Area Director
New York Seaport
6 World Trade Center
New York, New York 10048

Re:  Internal Advice Request No. 52/92; atactic polypropylene;
     APP; HRL 951972

Dear Ms. Maguire:

     This request for Internal Advice was initiated by a letter
dated December 17, 1991, from Marco Polo International, Inc.

FACTS:

     There are two articles of plastic in issue.

     One, for which there is no sample, is described as being a
homopolymer of APP.  The other is a sample of APP that Customs
laboratory reports out as "an irregular lump [of] a single
thermoplastic polypropylene copolymer in primary form."

ISSUE:

     What are the classifications of atactic polypropylene
polymer and copolymer?

LAW AND ANALYSIS:

     Merchandise imported into the U.S. is classified under the
HTSUSA.  Tariff classification is governed by the principles set
forth in the General Rules of Interpretation (GRIs) and, in the
absence of special language or context which otherwise requires,
by the Additional U.S. Rules of Interpretation.  The GRIs and the
Additional U.S. Rules of Interpretation as well as section and
chapter notes are part of the HTSUSA and are to be considered
statutory provision of law for all purposes.



     Customs has recently determined that APP homopolymer in the
primary form of irregular lumps is classifiable under subheading
3902.10.00, HTSUSA.  HQ 951972 (August 17, 1992), copy enclosed.

     Copolymers are classifiable according to that monomer which
predominates by weight.  Assuming that APP is the predominant
monomer of the instant copolymer and that the article is in a
primary form, the APP copolymer is classifiable under subheading
3902.30.00, HTSUSA.

HOLDING:

     Atactic polypropylene homopolymer in primary form is
classifiable under subheading 3902.10.00, HTSUSA, a provision for
polymers of propylene or of other olefins, in primary forms;
polypropylene and dutiable at the column one general rate of 12.5
percent ad valorem.

     Atactic polypropylene copolymer in primary form is
classifiable under subheading 3902.30.00, HTSUSA, a provision for
polymers of propylene or of other olefins, in primary forms;
polypropylene copolymers and dutiable at the column one general
rate of 2.2 cents/kg plus 7.7 percent ad valorem.

     You should inform the importer of this ruling.

                           Sincerely,



                           John Durant, Director
                           Commercial Rulings Division