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NY C83245




April 13, 1998

CLA-2-29:RR:NC:2:239 C83245

CATEGORY: CLASSIFICATION

TARIFF NO.: 3815.90.5000

Mr. Larry Barnhart
Hercules Inc.
Hercules Plaza
1313 North Market St.
Wilmington, DE 19894-0001

RE: The tariff classification of DiCup 40KE and Vulcup 40KE.

Dear Mr. Barnhart:

In your letter dated December 18, 1997, you requested a tariff classification ruling for DiCup 40KE and Vulcup 40KE. You state in your inquiry that DiCup 40KE is approximately 40% Dicumyl Peroxide and 60% Burgess Clay, and that Vulcup 40KE is approximately 40% Di (2-Tert-Butylteroxy ISO Propylbenzene and 60% Burgess Clay.

The New York Customs Laboratory advises that Dicumyl Peroxide is sold and shipped in 98% pure form making this a product of Chapter 29. However, DiCup 40KE contains 40% Dicumyl Peroxide and 60% Burgess Clay, which is added to facilitate the use of the product as a cross-linking agent, making it a preparation of Chapter 38. Please note that Chapter Note 1(a) in Chapter 29 restricts the scope of the heading in that chapter to include only separate chemically defined organic compounds, whether or not containing impurities. The presence of Burgess Clay, which is added to the product, renders it more suitable for use as a cross-linking agent, and could not be considered an "impurity". See also NY Ruling 808483, dated May 18, 1995, and 800522, dated October 7, 1994, classifying similar products in subheading 3815.90.5000, as preparations. Vulcup 40KE also contains 60% Burgess Clay which facilitates its use as a cross-linking preparation. This product, similarly, would also be precluded from classification in Chapter 29 for the same stated reasons.

The applicable subheading for both products will be 3815.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for reaction initiators, reaction accelerators and catalytic preparations, 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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