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NY I88111




January 13, 2003

CLA-2-38:RR:NC:2:239 I88111

CATEGORY: CLASSIFICATION

TARIFF NO.: 3824.90.4090

Ms. Margaret R. Polito
Neville Peterson LLP
80 Broad St., 34th Floor
New York, NY 10004

RE: The tariff classification of Calcium Stearate F and Kemamide B from Italy.

Dear Ms. Polito:

In your letter dated October 30, 2002, on behalf of your client Crompton Corporation, you requested a tariff classification ruling for Calcium Stearate F, which will be used as an anticaking agent and binder; and Kemamide B, which you state is an organic product with attributes of artificial waxes.

The applicable subheading for Calcium Stearate F, which is a mixture of fatty substances of animal or vegetable origin, will be 3824.90.4090, Harmonized Tariff Schedule of the United States (HTS), which provides for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: fatty substances of animal or vegetable origin and mixtures thereof: other. The rate of duty will be 4.6 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on Kemamide B. You claim the product has a dropping point above 40 degrees C and a viscosity, when measured by rotational viscometry, not exceeding 10,000 cp at a temperature 10 degrees C above the dropping point. Your request for a classification ruling should include a sample of the product. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 Andrew Stone at 646-733-3032.

Sincerely,

Robert B. Swierupski, Director
National Commodity Specialist Division

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