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NY C88139

June 11, 1998

CLA-2-29:RR:NC:2:239 C88139


TARIFF NO.: 2914.39.9000, 2903.30.1520

Ms. Daniele Contestable

Allchem Industries

6010 NW First Place

Gainesville, FL 32607

RE: The tariff classification of Benzophenone (CAS 119-61-9) and Methyl Chloride (CAS 74-83-9) from Russia.

Dear Ms. Contestable:

In your letter dated May 14, 1998, you requested a tariff classification ruling for the above chemicals.

The applicable subheading for Benzophenone (Chemical Name - Diphenyl Ketone) which is used as a photo initiator in UV-cured inks, resins and coatings will be 2914.39.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for ketones and quinones, whether or not with other oxygen function, and their halogenated, sulfonated, nitrated, or nitrosated derivatives: aromatic ketones without other oxygen function: other. The rate of duty will be 9.3 percent ad valorem.

The applicable subheading for Methyl Chloride will be 2903.30.1520, Harmonized Tariff Schedule of the United States (HTS), which provides for halogenated derivatives of hydrocarbons: fluorinated, brominated, or iodinated derivatives of acyclic hydrocarbons. This provision is free of duty.

Importations of methyl chloride are currently prohibited under the Clean Air Act Amendments of 1990, Public Law 101-59 (40 CFR Part 82). Under this Act, only importations of used, reclaimed, or recycled methyl chloride are permitted entry into the United States, and this after petitioning the Administrator, Environmental Protection Agency (EPA) for approval. According to the regulations set out in 40 CFR 82, Section 13, such petitions must be received by the Administrator at least 15 working days before the shipment is to depart the foreign port of export. Petitions should be forwarded to:

Environmental Protection Agency

Stratospheric Protection Division, Attn: Mr. Ben DeAngelo

401 M St., SW, (6205J)

Washington D.C., 20460

For further information on the petition process you may call the EPA hotline at 1-800-296-1996. Request the "guidance" document.

Articles classifiable under subheading 2914.39.9000 HTS, which are the products of Russia, are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

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 Thomas Brady at (212) 466-5747.


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