CLA-2-27:OT:RR:NC:N2:237
Christina L. Buswell
SHEQ Advisor
INEOS Oligomers
Division of INEOS USA LLC
2600 South Shore Boulevard
Suite 400
League, City Texas 77573
RE: The tariff classification of a mixture of 1-decene dimer (CAS-17438-89-0) and other unsaturated acyclic C20H42 hydrocarbon isomers from Belgium
Dear Ms. Buswell:
In your letter dated June 26, 2014 you requested a tariff classification ruling. You provided MSDS sheets and a Gas Chromatography Mass Spectrometry Chart (GCMS), with peaks annotated to identify hydrocarbon isomers and the percent by weight of each, for our review.
Durasyn 262 Crude is described as a mixture of 80-90% 1-decene dimer (CAS-17438-89-0) and other unsaturated acyclic C20H42 hydrocarbon isomers, and 10-20% unreacted 1-decene (CAS-872-05-9). The mixture is a clear colorless liquid having a boiling point range of 120-350C. The product will be entered at the Port of Houston and shipped to the Laporte PAO Manufacturing Plant to be distilled, washed and hydrogenated. Durasyn 262 Crude will be principally used as an
intermediate in the manufacture of 1-decene dimer hydrogenated and 1-decene homopolymer hydrogenated which are primarily used as synthetic base oils. Based on your GCMS chart the product contains by weight not over 50 percent of any single C20H42 hydrocarbon isomer
You suggested a classification in subheading 2710.12, HTSUS, which provides for light oils and preparations. However, chapter 27 subheading note 4 provides: For purposes of subheading 2710.12, “light oils and preparations” are those of which 90 percent or more by volume (including loses) distill at 210C (ASTM D 86 method). Based on the boiling point range of 120-350C which you provided, the product must be classified elsewhere in the tariff.
The applicable subheading for Durasyn 262 Crude mixture of 1-decene dimer (CAS-17438-89-0) and other unsaturated acyclic C20H42 hydrocarbon isomers, will be 2710.19.4590, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70 percent or more of petroleum oils or oils obtained from bituminous minerals, these oils being the basic constituents of the preparations, other than waste oils: Other: Other: Mixtures of petroleum hydrocarbons not elsewhere specified or included, which contain by weight not over 50 percent of any single hydrocarbon compound: Other. The rate of duty will be 10.5 cents per barrel.
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., Washington, D.C. 20460, by calling the TSCA Assistance Line at (202) 554-1404, by Fax at (202) 554-5603, by e-mail to: [email protected] or by visiting their website at www.epa.gov.
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 [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division