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NY F84964

June 8, 2000

CLA-2-38:RR:NC:2:239 F84964


TARIFF NO.: 2908.10.2000

Mr. Arlen R. Islam
KMG-Bernuth, Inc.
10611 Harwin, Suite 402
Houston, TX 77036

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of Pentachlorophenol (CAS 87-86-5) from Mexico, Article 509.

Dear Mr. Islam:

In your letter dated March 7, 2000, you requested a ruling on the status of Pentachloro-phenol from Mexico under the NAFTA. You state in your inquiry that dichlorophenol and trichlorophenol, the components of pentachlorophenol, are received in your Mexican facility from France and/or England.

To produce the pentachlorophenol, dichlorophenol and trichlorophenol are put in a reactor tank, where chlorine and a catalyst are added. The chemical reaction creates pressure and heat. This procedure creates tetrachlorophenol. When this procedure is repeated on the tetrachlorophenol, the final product produced is pentachlorophenol. You further state that this product will be used as a wood preservative in the United States.

The applicable tariff provision will be 2908.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for halogenated, sulfonated, nitrated or nitrosated derivatives of phenols or phenol-alcohols: derivatives containing only halogen substituents and their salts: pentachlorophenol and its salts. The general rate of duty will be 7.7 percent ad valorem.

The merchandise does not qualify for preferential treatment under the NAFTA. Trichlorophenol and dichlorophenol will not undergo the change in tariff classification required by General Note 12(t)/29.13.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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 Andrew Stone at 212-637-7063.


Robert B. Swierupski

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