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Issues: Whether the product obtained by adding chopped glass strands and other substances to polyester resin continued to be polyester resin classifiable under Heading 3907.91/3907.99 so as to qualify for the exemption under Notification No. 133/86.
Analysis: The exemption notification described the goods by reference to tariff classification, and the Chapter notes governing that classification were therefore relevant. On that basis, the deemed inclusion of resin in primary form under Note 6(b) to Chapter 39 applied to the product in question. The material on record, including expert opinions, showed that the addition of substances did not create a new and distinct commodity but only converted the resin into a different form while it remained polyester resin in primary form.
Conclusion: The goods continued to be polyester resin classifiable under Heading 3907.99 and were entitled to the benefit of the exemption notification.