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NY J84256




May 15, 2003

CLA-2-28:RR:NC:2:236 J84256

CATEGORY: CLASSIFICATION

TARIFF NO.: 2843.90.0000

Joseph J. Kenny
J.F. Moran Co., Inc.
475 Douglas Pike
Smithfield, RI 02917

RE: The tariff classifications of Hexachloroplatinic Acid Solution, Palladium (II) Chloride, and Rhodium (III) Chloride from Russia

Dear Mr. Kenny:

In your letter dated April 29, 2003, you requested a tariff classification ruling.

No samples were submitted with your request. Technical information, provided with your letter, indicated the Chemical Abstract Service numbers (CAS) and the chemical formulas for these products are as follows:

Hexachloroplatinic Acid (H2PtCl6) - 16941-12-1 Palladium (II) Chloride (PdCl2) - 7647-10-1 Rhodium (III) Chloride (RhCl3) - 10049-07-7

The applicable subheading for the Hexachloroplatinic Acid Solution will be 2843.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Colloidal precious metals; inorganic or organic compounds of precious metals, whether or not chemically defined; amalgams of precious metals: Other compounds; amalgams. The duty rate will be 3.7% ad valorem. Your letter indicated the classification of the Hexachloroplatinin Acid Solution might be under subheading 2827.39.5000 (HTS) as other chlorides. The heading 28.43 covers “inorganic or organic compounds of precious metals, whether or not chemically defined” The expression “precious metal” is defined in Chapter 71 Note 4(a) and (b) to mean silver, gold and platinum, where “platinum” is defined as platinum, iridium, osmium, palladium, rhodium and ruthenium. In Section VI Note 1(b) there is the statement “goods answering to a description in heading No. 28.43 or 28.46 are to be classified in those headings and in no other heading of this Section.” In addition, the Explanatory Notes to 28.43 (B)(8)(a) refers to platinum compounds which are oxides. The applicable subheading for the Palladium (II) Chloride will be 2843.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Colloidal precious metals; inorganic or organic compounds of precious metals, whether or not chemically defined; amalgams of precious metals: Other compounds; amalgams. The duty rate will be 3.7% ad valorem.

The applicable subheading for the Rhodium (III) Chloride will be 2843.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Colloidal precious metals; inorganic or organic compounds of precious metals, whether or not chemically defined; amalgams of precious metals: Other compounds; amalgams. The duty rate will be 3.7% ad valorem.

Articles classifiable under subheading 2843.90.0000, HTS, which are products of Russia may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

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 Deborah Walsh at (646) 733-3034.

Sincerely,

Robert B. Swierupski
Director,

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