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NY B89442




November 24, 1997

CLA-2-38:RR:NC:2:239 B89442

CATEGORY: CLASSIFICATION

TARIFF NO.: 3824.90.9050

Mr. Steve L. Sanders
Fritz Companies, Inc.
#2-12th Street
Blaine, WA 98230

RE: The tariff classification of hazardous waste material from Canada.

Dear Mr. Sanders:

In your letter dated September 5, 1997, on behalf of your client Dow Chemical Company, you requested a tariff classification ruling for hazardous waste material which you have stated was generated from remediation of a site in Canada. The waste will be imported into the United States and destroyed by incineration.

The composition is as follows:

Petroleum Hydrocarbons in Solid Waste Non-Chlorinated Phenols in Soil

Benzene .05ppm 2,4-Dimethylphenol .5ppb
Toluene .05ppm 2,4-Dinitrophenol .5ppb
Ethylbenzene .05ppm 2-Methyl-4,6-Dinitrophenol .5ppb M & P-Xylene .05ppm Nitrophenols (2-,4-) .5ppb D-Xylene .05ppm Cresols (2-,3-,4-) .5ppb

5% Benzoic Acid in Solid Waste

The applicable subheading will be 3824.90.9050, 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 5 percent ad valorem.

This ruling is being issued under the provisions of Part 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,

Robert B. Swierupski
Director,

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