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NY K88583





October 25, 2004

CLA-2-29:RR:NC:2:240 K88583

CATEGORY: CLASSIFICATION

TARIFF NO.: 2812.10.5010; 2928.00.5000; 2931.00.9050

Mr. Jim Reynolds
John A. Steer Co.
50 Park Place, Suite 825
Newark, NJ 07102

RE: The tariff classification of Bis(ethylcyclopentadienyl)iron, CAS # 1273-97-8; Bis(cyclopentadienyl)magnesium, squalane mixture; Tertiarybutylhydrazine, CAS # 32064-67-8; 1,2-Dimethylhydrazine, CAS # 540-73-8 and Phosphorous trichloride, CAS # 7719-12-2 from England

Dear Mr. Reynolds:

In your letter dated August 4, 2004 you requested a tariff classification ruling on behalf of your client Epichem, Inc.

Bis(ethylcyclopentadienyl)iron, also known as 1,1’-Diethylferrrocene, is a nonaromatic organo-inorganic compound. Bis(cyclopentadienyl)magnesium in squalane is a mixture of Magnesocene, CAS # 1284-72-6 in 2,6,10,15,19,23-Hexamethyltetracosane, CAS # 111-01-3. Tertiarybutylhydrazine, and 1,2-Dimethlhydrazine are nonaromatic organic derivatives of hydrazine. Phosphorus trichloride, also known as Trichlorophosphine, is a halide of a nonmetal. The above products are indicated for use in the semiconductor-electronics industries.

The applicable subheading for Phosphorus Trichloride will be 2812.10.5010, Harmonized Tariff Schedule of the United States (HTS), which provides for Halides and halide oxides of nonmetals: Chlorides and chloride oxides: Other.. Phosphorus oxychloride and trichloride.. The rate of duty will be 3.7 percent ad valorem.

The applicable subheading for Tertiarybutylhydrazine, also known as (1,1-Dimethylethyl)hydrazine and 1,2-Dimethylhydrazine will be 2928.00.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Organic derivatives of hydrazine or of hydroxylamine: Other: Other: Other.. The rate of duty will be 6.5 percent ad valorem.

The applicable subheading for Bis(ethylcyclopentadienyl)iron will be 2931.00.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for Other organo-inorganic compounds: Other: Other.. Other.. The rate of duty will be 3.7 percent ad valorem.

Your inquiry does not provide enough information to give a classification ruling for Bis(cyclopentyldienyl)magnesium in squalene. The following information is required: Is the Squalane added solely for reasons of safety or for transport and that the solvent does not render the product particularly suitable for specific use rather than for general use.? Is the squalane added as a stabilizer necessary for preservation or transport? If the product is a deliberate mixture, not for safety, transport, or preservation, is any part of the product derived from petroleum, shale oil or natural gas?

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 Stephanie Joseph at 646-733-3268.

Sincerely,

Robert B. Swierupski
Director,

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