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NY 813722




September 18, 1995

CLA-2-29:S:N:N7:239 813722

CATEGORY: CLASSIFICATION

TARIFF NO.: 3823.90.2800, 2918.29.7500, 3823.90.3900

Mr. Patrick Pascarella
Viking Sea Freight Inc.
181 South Franklin Avenue, Suite 607
Valley Stream, NY 11581

RE: The tariff classification of Stylac ABS F70, Daisolac G-235 (R109), H-33 Antioxidant, and H-44 Heat Stabilizer from Japan.

Dear Pascarella:

In your letter dated August 8, 1995, on behalf of your client Asahi Chemical, Inc., you requested a tariff classification ruling for Stylac ABS F70, Daisolac G-235(R109), H-33 Antioxidant, and H-44 Heat Stabilizer.

The applicable subheading for Stylac ABS F70, which is used as a flame retardant master batch for plastic materials, will be 3823.90.2800, Harmonized Tariff Schedule of the United States (HTS), which provides for prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included; residual products of the chemical or allied industries, not elsewhere specified or included: other. The rate of duty will be 3.3 cents per kilogram plus 12.9 percent ad valorem.

The applicable subheading for H-33 Antioxidant (CAS 2082-79- 3), Chemical Name - octadecyl 3-(3',5'-di-t-butyl-4'- hydroxyphenyl) propandate, which is used as an antioxidant for polymeric materials, will be 2918.29.7500, Harmonized Tariff Schedule of the United States (HTS), which provides for carboxylic acids with additional oxygen function and their anhydrides,, halides, peroxides and peroxyacids; their halogenated, sulfonated, nitrated or nitrosated derivatives: other. The rate of duty will be 3.3 cents per kilogram plus 16.8 percent ad valorem.

The applicable subheading for H44, which is used as a stabilizer for fire-retardant formulations will be 3823.90.3900, Harmonized Tariff Schedule of the United States (HTS), which provides for mixtures of two or more inorganic compounds. This provision is duty free.

Your inquiry does not provide enough information for us to give a classification ruling on Diasolac G-235. According to the technical literature you provided, this product, a white powder, is chlorinated polyethylene, a chemically modified polyethylene in primary form. Your request for a classification ruling should include twelve dumbbell cross-linked test specimens for determining the elastomeric properties of the product.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Thomas Brady at (212)466-5747.

Sincerely,

Roger J. Silvestri
Director

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