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NY R03248




May 18, 2006

CLA-2-38:RR:NC:2:239 R03248

CATEGORY: CLASSIFICATION

TARIFF NO.: 3824.90.2800

Mr. John D. Bruhnke
Milliken Chemical
920 Milliken Rd., M-209
Spartanburg, SC 29304

RE: The tariff classification of MILLAD 3988i.

Dear Mr. Bruhnke:

In your letter dated February 8, 2006, you requested a tariff classification ruling for MILLAD 3988i which is a mixture of 96-98% D-Glucitol, 1,3:2,4-Bis-O-[(3,4-Dimethylphenyl) Methylene]- (CAS 135861-56-2) and 2-4% silated silicon dioxide. You have stated that this product will be used as a clarifying agent for polyolefin plastics.

You request classification as a separate chemically defined compound in subheading 2932.99.6100, Harmonized Tariff Schedule of the United States (HTSUS), claiming that the silated silicon dioxide functions as a flow control (anti-caking) additive. Chapter 29 Note 1(a) states that products of chapter 29 must be "Separate chemically defined organic compounds whether or not containing impurities" and may contain."an added stabilizer (including an anti-caking agent) necessary for their preservation or transport" (Chapter 29 Note 1(f)).

Silicon dioxide is used in several applications in the polymer industry such as a slip and block agent in the formulation of polyolefins. Additives added for a specific use rather than a general use are precluded from classification in chapter 29 as a separate chemically defined compound. The silated silicon dioxide renders the product for a specific use and would therefore be classified as a chemical mixture in chapter 38.

You reference a ruling previously issued to you (NY R02067) in which MILLAD 3988 (D-Glucitol, 1,3:2,4-Bis-O-[(3,4-Dimethylphenyl) Methylene]-), CAS 135861-56-2, was classified in subheading 2932.99.6100, HTSUS. However, that product was imported without the silated silicon dioxide or any other additive.

The applicable subheading will be 3824.90.2800, HTSUS, which provides for foundry molds or cores: chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: other: mixtures containing 5 percent or more by weight of one or more aromatic or modified aromatic substances: other. The rate of duty will be 6.5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Richard Dunkel at 646-733-3032.

Sincerely,

Robert B. Swierupski
Director,

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