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NY C88319




June 11, 1998

CLA-2-29:RR:NC:2:239 C88319

CATEGORY: CLASSIFICATION

TARIFF NO.: 2903.46.0000

Mr. Edward W. Creech
Great Lakes Customs Brokerage, Inc.
85 River Rock Drive, #202
Buffalo, NY 14207

RE: The tariff classification of Halon 1301 (CAS 75-63-8) from Canada.

Dear Mr. Creech:

In your letter dated May 5, 1998, on behalf of your client Control Fire Systems, you requested a tariff classification ruling for Halon 1301 (Chemical Name - Bromotrifluoromethane) which you have stated is a fundamental sub-component of the fire suppression system of civil aircraft.

The applicable subheading will be 2903.46.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for halogenated derivatives of hydrocarbons. The rate of duty will be 3.7 percent ad valorem.

Importations of Halon 1301 are currently prohibited under the Clean Air Act Amendments of 1990, Public Law 101-59 (40 CFR Part 82). Under this Act, only importations of used, reclaimed, or recycled Halon 1301 are permitted entry into the United States, and this after petitioning the Administrator, Environmental Protection Agency (EPA) for approval. According to the regulations set out in 40 CFR 82, Section 13, such petitions must be received by the Administrator at least 15 working days before the shipment is to depart the foreign port of export. Petitions should be forwarded to:
Environmental Protection Agency
Stratospheric Protection Division, Attn: Mr. Ben DeAngelo 401 M St., SW, (6205J)
Washington D.C., 20460

For further information on the petition process you may call the EPA hotline at 1-800-296-1996. Request the "guidance" document.

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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