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NY J84523




May 23, 2003

CLA-2-32:RR:NC:2:238 J84523

CATEGORY: CLASSIFICATION

TARIFF NO.: 3204.17.9045; 3204.17.9005; 3204.17.9020

Ms. Lily Lee
AlphaSource Inc.
440 Sylvan Avenue, Suite 270
Englewood Cliffs, NJ 07632-2719

RE: The tariff classification of Yellow 12 Flushed Color, Blue 15:3 Flushed Color and Red 57:1 Flushed Color from China

Dear Ms. Lily:

In your letter dated April 18, 2003, you requested a tariff classification ruling.

The first product, Yellow 12 Flushed Color, is stated to contain (by weight) 40.5% C.I. Pigment Yellow (CAS No. 6358-85-6, C.I. Constitution Number 21090), 9% Petroleum Resin, 8.5% Modified Resin and 42% Linseed Oil.

The second product, Blue 15:3 Flushed Color, is stated to contain (by weight) 45% C.I. Pigment Blue 15:3 (CAS No. 147-14-8, C.I. Constitution Number 64160), 9% Petroleum Resin, 8.5% Modified Resin and 37.5% Linseed Oil.

The third product, Red 57:1 Flushed Color, is stated to contain (by weight) 41% C.I. Pigment Red 57:1 (CAS No. 5281-04-9, C.I. Constitution Number 15850:1), 9% Petroleum Resin, 8.5 % Modified Resin and 41.5% Linseed Oil.

Although not stated in your letter, we presume that these products will be principally, if not exclusively, used in the manufacture of printing inks.

The applicable subheading for Yellow 12 Flushed Color will be 3204.17.9045, Harmonized Tariff Schedule of the United States (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: Pigment yellow 12.” The rate of duty will be 7.8 percent ad valorem.

The applicable subheading for Blue 15:3 Flushed Color will be 3204.17.9005, 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: Pigment blue 15:3.” The rate of duty will be 7.8 percent ad valorem.

The applicable subheading for Red 57:1 Flushed Color will be 3204.17.9020, 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: Pigment red 57:1.” The rate of duty will be 7.8 percent ad valorem.

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 646-733-3033.

Sincerely,

Robert B. Swierupski

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