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NY 855654


OCT 05 1990

CLA-2-29:S:N:N1:239 855654

CATEGORY: CLASSIFICATION

TARIFF NO.: 3823.90.2900

Mr. R. Brantley Sudderth
Henkel Corporation
2340 N. Huachua Drive
Tucson, AZ 85745-1273

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

Dear Mr. Sudderth:

In your letter dated August 15, 1990, you requested a tariff classification ruling.

LIX 54 is composed of 40 percent 1-heptyl-3-phenyl propan-1,3 dione in kerosene.

LIX 26 is composed of 72 percent 7-tetrapropenyl-8-hydroxy quinoline in mineral oil.

Both products are liquid ion exchange reagents used to recover metals from aqueous solutions.

The applicable subheading for LIX 54 and LIX 26 will be 3823.29.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for other 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.

Your letter suggests the these products are should be classified in HTS Chapter 29. However these products are mixtures with kerosene or mineral oil which serve 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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