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NY I84857




August 6, 2002

CLA-2-27:RR:NC:SP:237 I84857

CATEGORY: CLASSIFICATION

TARIFF NO.: 2711.29.0060

Mr. William j. Phelan
Phelan & Mitri
One Atlantic Street
Stamford, Connecticut 06901

RE: The tariff classification of Sunoco refinery dry gas from the United States.

Dear Mr. Phelan:

In your letter dated July 31, 2002, on behalf of Sunoco Chemicals you requested a tariff classification ruling for Sunoco refinery dry gas.

Crude oil is sent to a crude tower for distillation. Heavy bottoms off the crude tower, containing approximately 85% gas oil and 15% residual oil, are sent to a Fluidized Bed Catalytic Cracking (FCC) unit to crack or break apart heavy hydrocarbon molecules to increase the yield of gasoline. One of the byproducts from the FCC process is a gaseous steam containing C1-C4 hydrocarbon molecules called dry gas. You provided a report of composition as follows:

Hydrogen (H2) 25.46%
Methane (C H4) 25.0%
Ethylene (C2 H4) 14.07%
Ethane (C2 H6) 12.35%
Propylene (C3 H6) 11.82%
Propane (C3 H8) 2.96%
Butene+ (C4 H8+) 3.97%
Nitrogen (N2) 3.77%
Carbon monoxide (CO) 0.39%
Carbon dioxide (CO2) 0.19%
Hydrogen sulfide (H2S) 0.02%

Sunoco refinery dry gas is classifiable in subheading 2711.29.0060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: petroleum gases and other gaseous hydrocarbons: in gaseous state: other: other. The rate of duty is free.

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 646-733-3038.

Sincerely,

Robert B. Swierupski
Director, National Commodity
Specialist Division

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