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NY 869566
Jan 8, 1992

CLA-2-28:S:N:N1:235 869566

CATEGORY: CLASSIFICATION

TARIFF NO.: 2846.90.5000

Mr. Donald Alford Weadon Jr.
Weadon & Associates
1301 Pennsylvania Avenue, N. W.
Washington, D. C. 20004

RE: The tariff classification of Toshiba Red Luminescent Powder (#SPD-592) from Japan.

Dear Mr. Weadon:

In your letter dated December 6, 1991, you requested a tariff classification ruling on behalf of your client Toshiba American Electronic Components, Inc.

According to your letter this product is a mixture of yttrium oxysulfide and europium oxysulfide. It will be used as a luminophore on the inner surface of color television tubes.

The applicable subheading for this product will be 2846.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for mixtures of rare earth compounds. The rate of duty will be 3.7 percent ad valorem.

Products classified in HTS 2846.90.5000 which contain by weight more than 19% but less than 85% yttrium oxide equivalent are temporarily free of duty under HTS 9902.26.22. Based on the explanation contained in your letter we agree that your clients product qualifies.

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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