N082717
CLA-2-27:OT:RR:E:NC:N2:237
Mr. Jackson Yiu
Mickson Trade & Marketing
15343 76th Road
Flushing, New York 11367
RE: The tariff classification of a mixture of isopropane and butane gases in disposable
cartridges from Italy.
Dear Mr. Yiu:
In your letter dated October 30, 2009, you requested a tariff classification ruling. You provided photographs of your product.
The product consists of a mixture of 65 percent isobutane and 35 percent propane gases in disposable cartridges. The cartridges will be imported in 190 grams retail size metal cartridges for use in outdoor camping stoves and professional industrial torches.
Heading 2711, HTSUS, provides for petroleum gases and other gaseous hydrocarbons. The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation of the HTSUS. While not legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings at the international level. See T.D. 89-80, 54 Fed. Reg. 35127 (Aug. 23, 1989). The EN to Chapter 27.11 is applicable to your products and provides: This heading covers crude gaseous hydrocarbons obtained as natural gases or from petroleum, or produced chemically. Methane and propane are, however, included even when pure. They include the following: I. Methane and propane, whether or not pure. II. Ethane and ethylene less than 95 % pure. III. Propane less than 90% pure. IV Butane containing less than 95% n-butane and less than 95% of isobutane. V. Butenes and butadienes less than 90% pure. VI. Intermixes of propane and butane.
The applicable subheading for the mixture of isopropane and butane gases in disposable cartridges will be 2711.29.0060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for petroleum gases and other gaseous hydrocarbons: In gaseous state: Other: Other. The rate of duty will be Free.
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 Frank Cantone at (646) 733-3038.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division