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NY I84399

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August 1, 2002

CLA-2-27:RR:NC:SP:237 I84399

CATEGORY: CLASSIFICATION

TARIFF NO.: 2710.11.1516

Mr. Michael J. Salvo
Noga Commodities (Overseas), Inc.
41 West 56th Street, 2nd Floor
New York, New York 10019

RE: The tariff classification of an oxygenated unleaded gasoline from Brazil.

Dear Mr. Salvo:

In your letter dated July 25, 2002 you requested a tariff classification ruling.

The product is described as 95 percent unleaded gasoline blended with 5 percent anhydrous ethanol (ethyl alcohol). The ethyl alcohol that is blended with the gasoline has an alcoholic strength between 99.0 and 99.5 percent at 15 degrees centigrade (between 198.8 and 199.4 proof spirit at 15.56 degrees centigrade).

The applicable subheading for the oxygenated unleaded gasoline will be 2710.11.1516, Harmonized Tariff Schedule (HTSUS), which provides for: Light oils and preparations: Motor fuel: Gasoline: Unleaded: Oxygenated. The duty is 52.5 cents a barrel.

Mixtures of gasoline and alcohol provided for in subheading 2710.11.15, HTSUS, are subject to an added duty of 14.27 cents per liter assessed on ethyl alcohol imported for fuel use in subheading 9901.00.50, HTSUS.

This merchandise may be subject to the requirements of the Toxic Substances Control Act, administered by the U.S. Environmental Protection Agency. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404.

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 on the ruling, contact National Import Specialist Frank Cantone at 646-733-3038.

Sincerely,

Robert B. Swierupski
Director, National Commodity
Specialist Division

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See also:

• Tariff No.: 2710.11.15 - Light oil motor fuel from petroleum oils and bituminous minerals (o/than crude) or preps. 70%+ by wt. from petroleum oils
• Tariff No.: 9901.00.50 - Ethyl alcohol (in 2207.10.60 & 2207.20) or mixtures with ethyl alcohol (in 2710 & 3823) to be used as fuel or in producing fuel