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May 14, 1999

CLA-2-27:RR:NC:2:237 E81640

CATEGORY: CLASSIFICATION

TARIFF NO.: 2710.00.1012

Mr. Philip T. Cowen
Philip T. Cowen CHB
934 E. Levee St. Suite 202
Brownsville, Texas 78520

RE: The tariff classification of No. 4 Fuel Oil from Mexico.

Dear Mr. Cowen:

In your letter dated April 15, 1999. On behalf of Enjet, Inc., you requested a tariff classification ruling.

The product, a No. 4 Fuel Oil, is a medium viscosity (8.11 at 37.8 C) residual fuel oil. Its API gravity (Method D1298) is 36.7 degrees, sulfur test (Method D4294) is 0.05 by weight, initial boiling point is 126.7 C, flash point (Method D93) is 47.8 C, and pour point is 26.7 C.

The applicable subheading for the No. 4 Fuel Oil will be 2710.00.1012, Harmonized Tariff Schedule of the United States (HTS), which provides for petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70 percent or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations: distillate and residual fuel oils (including blended fuel oils): testing 25 degrees A.P.I. or more...having a Saybolt Universal viscosity at 37.8 C of less than 45 seconds (light fuel oils): other: containing not more than 0.05 percent by weight of sulfur. The rate of duty will be 10.5 cents per barrel.

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 Frank Cantone at 212-637-7018.

Sincerely,

Robert B. Swierupski
Director,

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