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NY N006381




February 27, 2007

CLA-2-29:RR:NC:N2:235

CATEGORY: CLASSIFICATION

TARIFF NO.: 3815.90.5000

Mr. Lee Mao, CEO
Lianda Corporation
1340 Corporate Drive, Suite 500,
Hudson, Ohio 44236

RE: The tariff classification of Liandox DCP-40C, Liandox DCP-40KL and Liandox DCP-70 from China

Dear Mr. Mao:

In your letter dated January 31, 2007 you requested a tariff classification ruling.

The products involved are 4 formulations of Liandox DCP also known as dicumyl peroxide. The first product listed as DCP-99 you did not request a classification on and will not be addressed in this ruling. The other formulations are as follows: Liandox DCP-40C consists of 40 percent dicumyl peroxide, and up to 60 percent calcium carbonate which you indicate functions as a mineral filler. Liandox DCP-40KL consists of 40 percent dicumyl peroxide and 60 percent clay which as listed on your company website is as being a “dispersion of dicumyl peroxide in calcined clay”. Liandox DCP-70 consists of 70 percent dicumyl peroxide and 30 percent paraffin wax. Your website also refers to this product as a dispersion. Your ruling request indicates that you believe the correct classification of these three products should be 3815.90.0000, which provides for supported catalysts. We disagree. Whereas we do agree that these items are catalysts, we do not agree that they are supported catalysts as provided for in the Harmonized Tariff Schedule as you suggest.

The applicable subheading for the DCP 40C, DCP-40KL and DCP-70 will be 3815.90.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Reaction initiators, reaction accelerators and catalytic preparations, not elsewhere specified or included: Other: Other:. The rate of duty will be 5.0 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 Paul Hodgkiss at 646-733-3046.

Sincerely,

Robert B. Swierupski
Director,

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