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NY E84016




January 24, 2000

CLA-2-27:RR:NC:2:237 E84016

CATEGORY: CLASSIFICATION

TARIFF NO: 2710.00.4590; 2710.00.6000

Robert M. Burke, Esq.
Barnes, Richardson & Colburn
200 East Randolph Drive, Suite 7920
Chicago, Illinois 60601-7796

RE: The classification of Alpha Olefin C16-18 hydrocarbon mixtures (CAS-68855-60-7) from Belgium and Japan.

Dear Mr. Burke:

In your letter dated June 23, 1999 you requested a tariff classification ruling on behalf of BP Amoco Chemicals.

Analytical reports covering two separate shipments of Alpha Olefin C16-18 were submitted. Based on N.Y. Customs Lab Report 2-1999-21720 dated August 17, 1999, each product is a mixture of acyclic hydrocarbon compounds with a stated composition of C16 olefins (58-69%), C18 olefins (41-30%), and C14/20 olefins (1%).

The first report by SGS (Belgium) #AA-384266.01.A01 covered 738,473 kg. on Amoco Chemical (Belgium) inv. #6007000628 1/18/99, and provided the following chemical analysis:

C14 olefin (tetradecene, C14H28) isomers 0.3% weight C16 olefin (hexadecene, C16H32) isomers 69.0% C18 olefin (octadecene, C18H36) isomers 30.0% C20 olefin (eicosene, C20H40) isomers 0.7%

Hydrocarbon mono-olefins 95.0% weight
Hydrocarbon paraffins 5.0%

C14-C20 linear terminal (alpha) olefin isomers 44.29% mole C14-C20 linear internal olefin isomers 17.03% C14-C20 branched terminal (alpha) olefin isomers 38.67% The second report by SK (Japan) #98-TI-9709 covered 480,735 kg. on Idemitsu Petrochemical (Japan) inv. #AOC168-010 3/18/99, and provided the following chemical analysis:

C16-C18 olefin hydrocarbon isomers 0.1%

Normal alpha-olefins 90.9% weight
Saturated hydrocarbons 0.1%

Classification of merchandise under the Harmonized Tariff Schedule of the United States (HTSUS) is governed by the General Rules of Interpretation (GRI’s). GRI 1 provides that classifica-tion 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.

Based on the analyses given, each product is a hydrocarbon mixture of C14-C20 olefin compounds consisting of tetradecene, C14H28; hexadecene, C16H32; octadecene, C18H36; eicosene, C20H40; and includes linear terminal, linear internal and branched terminal isomers of each. These olefins are unsaturated organic compounds with an acyclic structure, having one double bond and the formula CnH2n. The isomers of these compounds are composed of carbon (C) and hydrogen (H) in the same proportions and molecular weight, but form separate chemically defined organic compounds with different properties.

Heading 2901, HTSUS, provides for acyclic hydrocarbons.

However, Chapter 29 Note 1., in pertinent part, provides that heading 2901, HTSUS, applies only to: (a) separate chemically defined organic compounds, whether or not containing impurities; and (b) mixtures of two or more isomers of the same organic compound (whether or not containing impurities), except mixtures of acyclic hydrocarbon isomers (other than stereoisomers), whether or not saturated (chapter 27).

Based on Note 1(a), each product, being a mixture of four separate chemically defined organic compounds, and not just one separate chemically defined organic compound, is excluded under heading 2901, HTSUS. Based on Note 1(b), each of the four named compounds within each product, being a mixture of acyclic hydro-carbon isomers, would alone be excluded under heading 2901 HTSUS.

Heading 2710, HTSUS, provides for petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70 percent or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations.

Subheading 2710.00.45, HTSUS, Other: provides for mixtures of hydrocarbons not elsewhere specified or included, which contain by weight not over 50 percent of any single hydrocarbon compound.

Based on the SGS (Belgium) Report, the Belgian product, (which consists of linear terminal isomers 44.29% mole; linear internal isomers 17.03%; and branched terminal isomers 38.67%), contains by weight not over 50% of any single C16 isomer. The SK (Japan) Report does not provide this information.

The applicable subheading for the Alpha Olefin C16-18 hydrocarbon mixture from Belgium would be 2710.00.4590, HTSUS, which provides for other mixtures of hydrocarbons not elsewhere specified or included, which contain by weight not over 50 percent of any single hydrocarbon compound. The rate of duty is 10.5 cents per barrel.

The applicable subheading for the Alpha Olefin C16-18 hydrocarbon mixture from Japan, if it contains by weight not over 50% of any single C16 isomer, would be 2710.00.4590, HTSUS, which provides for other mixtures of hydrocarbons not elsewhere specified or included, which contain by weight not over 50 percent of any single hydrocarbon compound. The rate of duty is 10.5 cents per barrel.

The applicable subheading for the Alpha Olefin C16-18 hydrocarbon mixture from Japan, if it contains by weight over 50% of any single C16 isomer, would be 2710.00.6000, HTSUS, which provides for other mixtures of hydrocarbons not elsewhere specified or included, which contain by weight over 50 percent of any single hydrocarbon compound. The rate of duty is 7 percent ad valorem.

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 Frank Cantone at 212-637-7018.

Sincerely,


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