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NY 869995

January 30, 1992

CLA-2-29:S:N:N1:239 869995

CATEGORY: CLASSIFICATION

TARIFF NO.: 3823.90.2700

Mr. Robert J. Leo
Adduci, Mastriani, Meeks & Schill
330 Madison Avenue
New York, NY 10017

RE: The tariff classification of four chemical by-products derived from the manufacture of dimethyl terephthalate from Mexico

Dear Mr. Leo:

In your letter dated December 12, 1991, written on behalf of your client, PETROCEL-TEMEX of Mexico, you requested a tariff classification ruling for four chemical products which are obtained during the manufacture of dimethyl terephthalate. You call these products Petrocel Residue, Petrocel Isomers, Methyl Benzoate and Polyol Polyester.

Petrocel Residue is a chemical mixture composed of dimethyl terephthalate, substituted benzenes, diphenyls and benzyl esters, dicarbomethoxy fluorene, carbomethoxy benzocoumarin and carbomethoxy polyphenyls.

Petrocel Isomers is a chemical mixture composed of dimethyl terephthalate, para toluic acid, monomethyl terephthalates, acetals, methyl para toluate and carbomethoxy polyphenyls.

The product you call Methyl Benzoate contains 85 percent methyl benzoate with varying percentages of para xylene, para toluadehyde, methyl para toluate and methanol.

The applicable subheading for Petrocel Residue, Petrocel Isomers and Methyl Benzoate will be 3823.90.2700, Harmonized Tariff Schedule of the United States (HTS), which provides for other mixtures containing 5 percent or more by weight of one or more aromatic or modified aromatic substances. The duty rate will be 3.7 cents per kilogram plus 13.6 percent ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the product you call Polyol Polyester. Your request for classification should include complete chemical composition, i.e. percent by weight and CAS number for each component, monomers used and their percent by weight, average molecular weights and percent by weight of the polyol in the polyester.

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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