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NY D83580

November 5, 1998

CLA-2-27:RR:NC:FC:237 D83580


TARIFF NO: 2707.30.0040

Frank M. Murphy
Norman G. Jensen, Inc.
3030 Commerce Drive
Port Huron, MI 48061-8008

RE: The classification of mixed xylenes from Canada.

Dear Mr. Murphy:

In your letter dated October 5, 1998 on behalf of Suncor Sunoco Group, of Sarnia, Ontario, Canada, you requested a tariff classification ruling.

The merchandise is described as mixed xylenes produced at the Sunoco Sarnia, Canada refinery. A certificate of analysis was provided as follows:

D-2360 C8 Aromatics (Total liq vol%) 99.77 Para-Xylene 23.29
Meta-Xylene 51.55
Ortho-Xylene 4.37
Ethyl-Benzene 25.0 max. 20.58
Benzene 0.01 max. 0
Toluene 0.5 max. 0
C9 Aromatics 1.0 max. 0
Non-Aromatics 0.30 max. 0.23
D-891 Spec.Gravity 60OF 0.8650-0.8750 0.8691 D-4052 Density kg/L@15OF 0.8687
D-1209 Colour Pt-Co Scale 20 max. <5
D-850 Distillation:
Range OC 5 max. 1.1
Init.Boiling Pt.OC 137 min. 138.2
Dry Point OC 143 max. 139.3
D-848 Acid Wash Color pass pass
D-847 Acidity none-detected 0
D-4045 Total Sulphur ppm 1.0 max. 0.1
D-853 Sulphur Compounds:
(SO2, H2S) none-detected neg
D-849 Copper Corrosion neg. neg
D-1492 BromineIndex mgBr/100g 3 max. 2
Visual Appearance @65-78OF clear clear/bright Water mg/L 76

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 2902, HTSUS, provides for cyclic hydrocarbons. Based on the certificate of analysis provided, the product consists of 99.77% cyclic hydrocarbons. Subheading 2902.44.0000, HTSUS, provides for cyclic hydrocarbons: xylenes: mixed xylene isomers. The product contains 79.21% xylene isomers (para-xylene 23.29%; meta-xylene 51.55%; and ortho-xylene 4.37%). However, Explana-tory Note 2902(C)(I)(c) provides: To fall in this heading, xylene must contain 95 % or more by weight of xylene isomers, all isomers being taken together. Xylene of lower purity is excluded (heading 27.07). The instant product contains 79.21% xylene isomers and is therefore excluded under Heading 2902.

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 non-aromatic constituents. The instant coal tar product contains 99.77% aromatic constituents. Chapter 27 Subheading Note 3. provides, in pertinent part: for the purpose of subheading 2707.30, the term "xylene" applies to products which contain more than 50 percent by weight of xylene. The instant product contains 79.21% xylenes (mixed). Subheading 2707.30.0040, HTSUS, provides for xylenes: other.

Accordingly, the applicable subheading product, containing para-xylene 23.29%, meta-xylene 51.55%, ortho-xylene 4.37% and ethyl-benzene 20.56%, will be 2707.30.0040, Harmonized Tariff Schedule of the United States (HTSUS), which 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 non-aromatic constituents: xylenes: other. The rate of duty is free.

This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA) which is administered by the U.S. Environmental Protection Agency. You may contact the Agency at 402 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (908) 321-6669.

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.


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