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NY N019727




December 7, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3824.90.9290

Mr. John Donohue
Kittredge, Donley, Elson, Fullem & Embick, LLP 400 Market St., Suite 200
Philadelphia, PA 19106-2535

RE: The tariff classification of an extrusion compound from China, India, and Italy.

Dear Mr. Donohue:

In your letter dated November 7, 2007, on behalf of your client Magnet Technology, Inc., you requested a tariff classification ruling for an extrusion compound that will be used in the manufacture of extruded magnets. The finished magnets will then be used on refrigerator and shower doors. The product is a chemical mixture composed of strontium ferrite (87-92%), chlorinated polyethylene (8-11%), calcium stearate (0-1%), and epoxidized soybean oil (0-1%). A sample was submitted with your inquiry and, as requested, will not be returned to you.

In your letter you suggest classification in subheading 2841.90.5000, which provides for other salts of oxometallic or peroxometallic acids. Compounds classified in Chapter 28 are separate chemical elements and separate chemically defined compounds, whether or not containing impurities. Your product is a deliberate chemical mixture and therefore precluded from Chapter 28.

The applicable subheading 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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