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NY F82443




April 25, 2000

CLA-2-29:RR:NC:2:240 F82443

CATEGORY: CLASSIFICATION

TARIFF NO.:2918.90.4700

Mr. James C. Engel
Wako Chemicals USA, Inc.
1600 Bellwood Road
Richmond, VA 23237

RE: The tariff classification of 2-(2,4-Di-tert-pentylphenoxy)butyryl chloride (CAS # 40567-16-6) from Japan

Dear Mr. Engel:

In your letter dated January18, 2000, you requested a tariff classification ruling.

2-(2,4-Di-tert-pentylphenoxy)butyryl chloride, also known as Butanoyl chloride, 2-[2,4-bis(1,1-dimethylpropyl)phenoxy]-, is an aromatic, halogenated carboxylic acid.

The applicable subheading for 2-(2,4-Di-tert-pentylphenoxy)butyryl chloride will be 2918.90.4700, 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: Aromatic: Other: Other: Other.. The rate of duty will be 1.5 cents per kilogram plus 11.1 percent ad valorem.

Cyclic organic chemical products in any physical form having an aromatic or modified aromatic structure, however provided for in chapter 29 to be used in the manufacture of photographic color couplers are eligible for duty free treatment under subheading 9817.29.01 Harmonized Tariff Schedule of the United States (HTS). If this product is used in the manufacture of photographic color couplers, duty free treatment will apply.

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 Stephanie Joseph at 212-637-7066.

Sincerely,

Robert B. Swierupski
Director,

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