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NY N016652




October 9, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3824.90.9290

Mr. Glenn Carberry
Praxair Inc.
175 East Park Drive
Tonawanda, NY 14151

RE: The tariff classification of compressed gas mixtures from Canada

Dear Mr. Carberry:

In your letter dated September 5, 2007, you requested a tariff classification ruling for the following gas mixtures which you have stated will be used for welding applications and shipped in steel cylinders:

Compressed Gas Mix Flammable – 35% Hydrogen in Argon

Compressed Gas Mix Flammable – 5% Hydrogen in Argon

Compressed Gas Mix Flammable – 2% Hydrogen in Argon

Compressed Gas Mix – 4% Carbon Dioxide, 6% Carbon Monoxide, 19% Nitrogen, 3% Oxygen, 3% Xenon, and the balance Helium

The applicable subheading for all the above will be 3824.90.9290, Harmonized Tariff Schedule of the United States (HTSUS), which provides for chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: other. The rate of duty will be 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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