NY 0855040 - The tariff classification of five LIX reagents from Ireland. - United States International Trade Commision Rulings

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NY 855040
OCT 05 1990

CLA-2-29:S:N:N1:239 855040

CATEGORY: CLASSIFICATION

TARIFF NO.: 3823.90.2900; 3823.90.4500

Mr. R. Brantley Sudderth
Henkel Corporation
2430 N. Huachua Drive
Tucson, AZ 85745-1273

RE: The tariff classification of five LIX reagents from Ireland.

Dear Mr. Sudderth:

In your letter dated July 19, 1990, you requested a tariff classification ruling for the following LIX reagents which are used as liquid ion exchange reagents to recover metals.

LIX 84 is composed of 45-48 percent by weight 2-hydroxy-5- nonyl acetophenone oxime in kerosene.

LIX 860 is composed of 60 percent by weight 2-hydroxy-5- dodecyl salicylaldoxime in kerosene.

LIX 984 is a 50/50 blend of LIX 84 and LIX 860.

LIX 622 is composed of 60 percent by weight of 2-hydroxy-5- dodecyl salicylaldoxime and 15 percent by weight of tridecyl alcohol in kerosene.

LIX 63-70 is composed of 70 percent by weight 5,8-diethyl-7- hydroxydodecan-6-one oxime in kerosene.

The applicable subheading for LIX 84, LIX 860, LIX 984 and LIX 622 reagents will be 3823.90.2900, Harmonized Tariff Schedule of the United States (HTS), which provides for mixtures containing 5 percent or more by weight of one or more aromatic or modified aromatic substances. The rate of duty will be 3.7 cents per kilogram plus 13.6 percent ad valorem.

The applicable subheading for LIX 63-70 reagent will be 3823.90.4500, HTS, which provides for other mixtures that are in whole or in part of hydrocarbons derived in whole or in part from petroleum, shale oil or natural gas. The rate of duty will be 7 percent ad valorem.

Your letter suggests that these five products should be classified in HTS Chapter 29. However the products are mixtures with kerosene which serves a purpose in their final application. In addition section 38.23 (B) (14) of the Explanatory notes to HTS includes ion-exchangers among those products classifiable under heading 3823, HTS.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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