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NY N017188




October 17, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3824.90.9290

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

RE: The tariff classification of compressed gas mixtures from Mexico

Dear Mr. Carberry:

In your letter dated September 17, 2007, you requested a tariff classification ruling for compressed gas mixtures which you have stated are calibration gases for gas monitors which are used in the workplace to protect workers from unseen hazards. The gases are shipped in steel cylinders.

The mixtures are as follows: (1) hydrogen sulfide, methane, carbon monoxide, and nitrogen; (2) nitrogen dioxide and nitrogen; (3) methane and air; (4) oxygen and nitrogen; and (5) carbon monoxide, oxygen, carbon dioxide, and nitrogen.

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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