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NY J88638




January 6, 2004
CLA-2-32:RR:NC:2:238 J88638

CATEGORY: CLASSIFICATION

TARIFF NO.: 3204.17.9086; 3204.17.6005; 3204.17.9040; 3204.17.0485

Mr. Kaz Takayama
Matsui International Co., Inc.
1501 West 178th Street
Gardena, CA 90248

RE: The tariff classification of Neo Orange FGR Conc, Neo Scarlet FFG Conc, Neo Red F4R Conc, Neo Red M Conc, Neo Red Violet FR, Neo Blue FFG-P Conc, Neo Violet F3R Conc-E and Neo Red MFB Conc, from Japan

Dear Mr. Takayama:

In your letter dated August 28, 2003, you requested a tariff classification ruling. Please be advised that future ruling requests should be limited to no more than five (5) items per request. You have submitted eight (8) products on this request.

You describe the eight products listed above as water-based inks for printing textiles, paper, wood and film, and indicate that they form part of your firm’s “NEO COLORS” line. A sample of each product was submitted with your request. The eight (8) samples were sent to the Customs and Border Protection Laboratory (NY) for analysis. That laboratory subsequently issued a report for each product to this office.

According to the lab report, the first product, Neo Orange FGR Conc, is an orange viscous liquid consisting (by weight) of approximately 27% pigment in a mixture composed of propanediol, polymeric glycols and water. The Certificate of Analysis supplied by you indicates the product is composed (by weight) of the following ingredients: 37.5% pigment [consisting of a mixture of C.I. Pigment Orange 13 (CAS-3520-72-7) and C.I. Pigment Red 268 (CAS-16403-84-2)], 7.5% surfactant [poly(oxy-1,2-ethanediyl), α-(nonylphenyl)-ω-hydroxy- (CAS-9016-45-9)], 5% wetting agent [1,2-propanediol (CAS-57-55-6)], and water.

According to the lab report, the second product, Neo Scarlet FFG Conc, is a dark-red viscous liquid consisting (by weight) of approximately 38% Pigment Red 22 in a mixture composed of propanediol, a polyglycol, and water. The Certificate of Analysis supplied by you indicates the product is composed (by weight) of the following ingredients: 42% C.I. Pigment Red 22 (CAS-6448-95-9), 8% surfactant [poly(oxy-1,2-ethanediyl), α-(nonylphenyl)-ω-hydroxy- (CAS-9016-45-9)], 2% wetting agent [1,2-propanediol (CAS-57-55-6)], and water.

According to the lab report, the third product, Neo Red F4R Conc, is a viscous red liquid consisting (by weight) of approximately 31% pigment in a mixture composed of 1,2-propanediol, a polyglycol, and water. The Certificate of Analysis supplied by you indicates the product is composed (by weight) of the following ingredients: 35.5% pigment [consisting of C.I. Pigment Red 8 (CAS-6410-30-6) and C.I. Pigment Orange 16 (CAS-6505-28-8)], 8% surfactant [poly(oxy-1,2-ethanediyl), α-(nonylphenyl)-ω-hydroxy- (CAS-9016-45-9)], 3% wetting agent [1,2-propanediol (CAS-57-55-6)], and water.

According to the lab report, the fourth product, Neo Red M Conc, is a red-blue viscous liquid consisting (by weight) of approximately 46% Pigment Red 23 in a mixture composed of an aromatic polymeric surfactant (10%), 5% wetting agent [1,2-propanediol (CAS-57-55-6)], and water. The Certificate of Analysis supplied by you indicates the product is composed (by weight) of the following ingredients: 35.0% C.I. Pigment Red 23 (CAS-6471-49-4), 10% surfactant [poly(oxy-1,2-ethanediyl), α-(nonylphenyl)-ω-hydroxy- (CAS-9016-45-9)], 5% wetting agent [1,2-propanediol (CAS-57-55-6)], and water.

According to the lab report, the fifth product, Neo Red Violet FR, is a red-violet viscous liquid containing approximately 3.5% pigment in 96.5% liquid, which is a mixture of water, propanediol and polymeric glycols. The Certificate of Analysis supplied by you indicates the product is composed (by weight) of the following ingredients: 17.5% C.I. Pigment Red 31 (CAS-6448-96-0), 4.5% wetting agent [consisting of a mixture of poly(oxy-1,2-ethanediyl), α-hydro-ω-hydroxy- (CAS-25322-68-3) and 1,2-propanediol (CAS-57-55-6)], 3.5% surfactant [poly(oxy-1,2-ethanediyl), α-(nonylphenyl)-ω-hydroxy- (CAS-9016-45-9)], and water.

According to the lab report, the sixth product, Neo Blue FFG-P Conc, is a viscous blue liquid containing (by weight) approximately 38% Pigment Blue 15 in a mixture composed of water, 1,2-propanediol and polymeric glycols. The Certificate of Analysis supplied by you indicates the product is composed (by weight) of the following ingredients: 40.0 percent C.I. Pigment Blue 15 (CAS-147-14-8), 11% surfactant [poly(oxy-1,2-ethanediyl), α-(nonylphenyl)-ω-hydroxy- (CAS-9016-45-9)], 5% wetting agent [1,2-propanediol (CAS-57-55-6)], and water.

According to the lab report, the seventh product, Neo Violet F3R Conc-E, is a viscous violet liquid containing (by weight) approximately 30% Pigment Violet 23 in a mixture composed of water, 1,2-propanediol and polymeric glycols. The Certificate of Analysis supplied by you indicates the product is composed (by weight) of the following ingredients: 34.0 percent C.I. Pigment Violet 23 (CAS-6358-30-1), 11% surfactant [poly(oxy-1,2-ethanediyl), α-(nonylphenyl)-ω-hydroxy- (CAS-9016-45-9)], 5% wetting agent [1,2-propanediol (CAS-57-55-6)], and water.

According to the laboratory report, the eighth product, Neo Red MFB Conc, is a viscous red liquid containing Pigment Red 146, 1,2-propanediol and polymeric glycols, in an aqueous solution. The Certificate of Analysis supplied by you indicates the product is composed (by weight) of the following ingredients: 33.0% C.I. Pigment Red 146 (CAS-5280-68-2), 13% surfactant [poly(oxy-1,2-ethanediyl), α-(nonylphenyl)-ω-hydroxy- (CAS-9016-45-9)], 5% wetting agent [1,2-propanediol (CAS-57-55-6)], and water.

Although you characterize the eight subject products as water-based printing inks, in our opinion, they are not fully formulated inks because they lack alkali agents, antifoaming agents, drying agents and other additives normally found in water-based printing inks. It is, therefore, our determination that the subject products are excluded from classification as inks for tariff purposes.

The applicable subheading for Neo Orange FGR Conc, Neo Scarlet FFG Conc, Neo Red F4R Conc, Neo Red M Conc and Neo Red Violet FR will be 3204.17.9086, 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: Other.” The rate of duty will be 6.5 percent ad valorem.

The applicable subheading for Neo Blue FFG-P Conc will be 3204.17.6005, 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: Products described in additional U.S. note 3 to section VI: Pigment blue 15.” The rate of duty will be 6.5 percent ad valorem.

The applicable subheading for Neo Violet F3R Conc-E will be 3204.17.9040, 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 Violet 23.” The rate of duty will be 6.5 percent ad valorem.

The applicable subheading for Neo Red MFB Conc will be 3204.17.0485, 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: Pigment violet 32; and Pigment yellow 16, 24, 49, 62:1, 81, 93, 95, 97, 108, 109, 110, 113, 117, 127, 153: Other.” The rate of duty will be 6.5 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, SW, Washington, DC, 20460, telephone number (202) 554-1404, or EPA Region II at (212) 637-3526.

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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