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NY H82439




August 20, 2001

CLA-2-29:RR:NC:2:238 H82439

CATEGORY: CLASSIFICATION

TARIFF NO.: 2933.19.0400; 3204.17.9085

Mr. Adam Lander
Engelhard Corporation
101 Wood Avenue
P.O. Box 770
Iselin, NJ 08830-0770

RE: The tariff classification of PTMP (CAS-86-92-0); Pigment Violet 5:1 (CAS-1328-04-7); and Pigment Red 83 (CAS-104074-25-1); from India

Dear Mr. Lander:

In your letter dated June 6, 2001, you requested a tariff classification ruling.

The first product, which you refer to as “PTMP,” has the following Chemical Abstracts name: 2,4-Dihydro-5-methyl-2-(4-methylphenyl)-3H-pyrazol-3-one. It is also known as 3-Methyl-1-p-tolyl-2-pyrazolin-5-one. The product is indicated for use as a chemical intermediate in the production of pigments.

The second product, Pigment Violet 5:1, (TSCA inventory name: “C.I. Pigment Violet 5:1”), is identified in the Colour Index as “C.I. 58055 Aluminum lake,” i.e., its Colour Index Constitution Number: It is a synthetic organic pigment indicated for use as an ingredient in the manufacture of coloring preparations.

With respect to the third product, which you refer to as “Pigment Red 83:1,” a search of the Chemical Abstracts database indicates that the Chemical Abstracts index name assigned to the CAS Registry number you submitted, i.e., 104074-25-1 is, in fact, “C.I. Pigment Red 83” (a k a “Pigment Red 83”). Furthermore, we note the lack of any reference in the Chemical Abstracts database, or in the Colour Index, for the name, “Pigment Red 83:1.” Finally, we note your indication, pursuant to a report issued to this office by the New York Customs Laboratory, on July 13, 2001, that Pigment Red 83:1 is the same as Pigment Red 83. The applicable subheading for PTMP will be 2933.19.0400, Harmonized Tariff Schedule o the United States (HTS), which provides for “Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing an unfused pyrazole ring (whether or not hydrogenated) in the structure: Other: Aromatic or modified aromatic: 3-Methyl-1-(p-tolyl)-2-pyrazolin-5-one (p-Tolyl methyl pyrazolone). The rate of duty will be free.

The applicable HTS subheading for Pigment Violet 5:1 and Pigment Red 83 will be 3204.17.9085, HTS, which provides for “Synthetic organic coloring matter and preparations based thereon as specified in Note 3 to this chapter: Pigments and preparations based thereon: Other: Other: Other.” The rate of duty will be 10.6 percent ad valorem. At the present time, pursuant to General Note 4(b)(i) - 4(b)(ii), HTS, this merchandise is not eligible for duty-free treatment under the Generalized System of Preferences (GSP).

This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which is administered by the U.S. Environmental Protection Agency. You may contact them at 401 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (732) 321-6669.

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 Harvey Kuperstein at 212-637-7068.

Sincerely,

Robert B. Swierupski

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