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HQ 956846

August 15, 1994

CLA-2 CO:R:C:F 956846 GFC

CATEGORY: CLASSIFICATION

TARIFF NO.: 3204.20.5000

Mr. Andrew Sowula
Polchem International S.A.
810 North Sixth Street
Allentown, Pennsylvania 18102-1610

RE: Classification of Optical Brighteners

Dear Mr. Sowula:

This is in response to your letter of August 2, 1994, concerning the tariff classification of optical brighteners made in Poland. You state that "[w]e have some conflicting reports about the lower rate of duty for products made in Poland."

FACTS:

The optical brighteners listed, Heliofor PN, Heliofor PB, and Heliofor PBX, are said to be used for surface brightening of papers.

ISSUE:

Classification of certain optical brighteners and the possibility of a lower rate of duty than the 8.1 per cent ad valorem provided for "Most Favored Nations."

LAW AND ANALYSIS:

Herliofors are considered bistriazine derivatives of diaminostilbenesulfonic acids.

Products of Poland are entitled to the "General" rates of duty; however, under certain conditions (see enclosure), products from Poland may qualify for duty-free treatment under the Generalized System of Preferences (GSP).

HOLDING:

The Heliofors described are classifiable under the provision for other synthetic organic products of a kind used as fluorescent brightening agents in subheading 3204.20.5000, HTSUS, at a rate of duty of 8.1 percent ad valorem, or, if conditions are met, are duty free under the GSP.

Sincerely,

John Durant, Director
Commercial Rulings Division


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