CLA-2-32:OT:RR:NC:N2:238

Ms. Kathleen M. McGuire
Toyota Tsusho America, Inc.
1300 Post Oak Blvd., Suite 1850
Houston, TX 77056

RE: The tariff classification of Papilion Orange F-GRN in bulk form, from South Korea

Dear Ms. McGuire:

In your letter dated January 5, 2011, you requested a tariff classification ruling.

As represented in the manufacturer’s product data sheet submitted by you, Papilion Orange F-GRN is a mixture of two disperse dyestuffs formulated with a solvent and a dispersant. You state that this dye will be used in the textile industry. The following classification is based on this compositional information, which included Chemical Abstracts Service (CAS) Numbers for all the chemicals in the formulation. You state that, while the dispersant is listed in the Chemical Appendix to the Harmonized Tariff Schedule of the United States (HTSUS), neither of the dyestuffs is listed in that Appendix. In addition, there is no CAS number for the entire product known as Papilion Orange F-GRN.

The applicable subheading for the Papilion Orange F-GRN will be 3204.11.3500, HTSUS, which provides for “Synthetic organic coloring matter and preparations based thereon as specified in note 3 to this chapter: Disperse dyes and preparations based thereon: Products described in additional U.S. note 3 to section VI.” The rate of duty will be 6.5 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 merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their website at www.epa.gov 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 Harvey Kuperstein at (646) 733-3033.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division