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NY 864401

June 28, 1991

CLA-2-29:S:N:N1:235 864401

CATEGORY: CLASSIFICATION

TARIFF NO.: 2909.19.1000

Ms. Vickie Weaver
Sr. Transportation Coordinator
Tenneco Natural Gas Liquids
Tenneco Building
P. O. Box 2511
Houston Texas 77252

RE: The tariff classification of methyl tertiary butyl ether (MTBE) from various countries including MFN, GSP and CBERA countries.

Dear Ms. Weaver:

In your letter dated June 14, 1991, you requested a tariff classification ruling.

The applicable subheading for methyl tertiary butyl ether will be 2909.19.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for ethers of monohydric alcohols. The duty rate will be 5.6 percent ad valorem. This rate of duty is applicable to products from countries in the Most Favored Nation (MFN) group.

When produced in and imported from Canada, MTBE is subject to the rate of 2.2 percent ad valorem under the United States- Canada Free Trade Agreement provided all appropiate requirements are met.

When produced in and imported from GSP, CBERA countries or of Israel, MTBE is entitled to duty free treatment under the Generalized System of Preferences (GSP), Caribbean Basin Economic Recovery Act (CBERA), or the United States-Israel Free Trade Agreement respectively, upon compliance with all applicable regulations.

When produced in and imported from any other country, MTBE is subject to a rate of 37 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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