CLA-2-27:RR:NC:FC:237 C88110
TARIFF NO: 2707.50.0000; 2710.00.2500
Michael F. Mitri, Esq.
One Atlantic Street
Stamford, Connecticut 06901
RE: The classification of a reformed naphtha product obtained from
petroleum.
Dear Mr. Mitri:
In your letter dated May 15, 1998 you requested a tariff classification
ruling.
The merchandise is described as a reformed naphtha product obtained from
petroleum distillation followed by catalytic reforming to enhance its aromatics
content for use as a precursor to conventional unleaded gasoline and cannot be
blended into motor fuel in its imported condition. The product will meet the
following specifications at the time of importation:
Minimum Target Maximum
Density @ 15 deg. C. (60 F.) 0.7 0.7663 0.85
API gravity 45 53 60 Percent
by volume distilled
(according to ASTM D86 method):
at 70 deg. C. (158 F.) 10 15 30
at 100 deg. C. (212 F.) 25 40 50
at 180 deg. C. (356 F.) 80 85 100
at 185 deg. C. (365 F.) 95 100 100
Aromatics, percent by volume 30 -- 70
Benzene, percent by volume 10 -- 50
Olefins, percent by volume 0 1 15
MTBE content nil nil nil
Total aromatic percent by weight 33 -- 80
In addition to the above specifications, no single hydrocarbon compound
will constitute 50 percent or more by weight of the imported merchandise.
Classification of merchandise under the HTSUS is governed by the General
Rules of Interpretation (GRI's). GRI 1 provides that classification is
determined first in accordance with the terms of the headings of the tariff and
any relative section or chapter notes, and unless otherwise required, according
to the remaining GRI's taken in order.
Heading 2707, HTSUS, provides for oils and other products of the
distillation of high temperature coal tar; similar products in which the weight
of the aromatic constituents exceeds that of the nonaromatic constituents.
The applicable subheading for the reformed naphtha product, if the weight
of the aromatic constituents exceeds that of the nonaromatic constituents, will
be 2707.50.0000, Harmonized Tariff Schedule of the United States (HTSUS), which
provides for other aromatic hydrocarbon mixtures of which 65 percent or more by
volume (including losses) distills at 250 degrees Centigrade by the ASTM D 86
method. The rate of duty is free.
Heading 2710, HTSUS, provides for 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 of oils obtained
from bituminous minerals, these oils being the basic constituents of the
preparations.
The applicable subheading for the reformed naphtha product,
if the weight of the non-aromatic constituents exceeds that of the aromatic
constituents, will be 2710.00.2500, Harmonized Tariff Schedule of the United
States (HTSUS), which provides for naphthas (except motor fuel or motor fuel
blending stock). The rate of duty is be 10.5 cents per barrel.
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 F. Cantone at 212-
466-5488.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division