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NY J86365




December 9, 2003
CLA-2-29:RR:NC:2:239 J86365

CATEGORY: CLASSIFICATION

TARIFF NO.: 3812.30.9000

Mr. James S. O’Kelly
Barnes, Richardson & Colburn
475 Park Ave. South
New York, NY 10016

RE: The tariff classification of Alcamizer 1 and Alcamizer 2 from Japan.

Dear Mr. O’Kelly:

In your letter dated June 19, 2003, on behalf of your client Mitsui & Co. (USA), Inc., you requested a tariff classification for Alcamizer 1 and Alcamizer 2 which you have stated are used as heat stabilizers in heavy metal free PVC stabilizer systems.

Your inquiry describes Alcamizer 1 as a synthetic hydrotalcite-like compound. Our laboratory has determined that the sample is magnesium aluminum hydroxy carbonate, a complex inorganic compound that has been coated with an organic fatty acid.

Alcamizer 2 is a complex compound of magnesium aluminum hydroxide carbonate to which a coating of long chain fatty acids has been added.

The applicable subheading for both products will be 3812.30.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for prepared rubber accelerators; compound plasticizers for rubber or plastics, not elsewhere specified or included; antioxidizing preparations and other compound stabilizers for rubber or plastics: other. The rate of duty will be 5 percent ad valorem.

In your inquiry you request classification in subheading 2842.90.0000, HTS. The subject merchandise is precluded from this classification because the products are surface coated with long chain fatty acids.

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,

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