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NY H82229





June 26, 2001

CLA-2-32:RR:NC:2:238 H82229

CATEGORY: CLASSIFICATION

TARIFF NO.: 2821.10.0030; 3204.17.9010

Mr. Adam Lander
Engelhard Corporation
101 Wood Avenue
P.O. Box 770
Iselin, NJ 08830-0770

RE: The tariff classification of Bayferrox 1410M (CAS-51274-00), Crude Green Presscake (CAS-1328-53-6) and Pigment Green 7 (CAS-1328-53-6) from India

Dear Mr. Lander:

In your letter dated June 6, 2001, you requested a tariff classification ruling.

Bayferrox 1410M represents one of the trade names for C.I. Pigment Yellow 42 (C.I. 77492), a synthetic yellow iron oxide pigment. Bayferrox 1410M will be imported in powder form for use as an ingredient in the manufacture of coloring preparations.

Crude Green Presscake and Pigment Green 7 represent other names for C.I. Pigment Green 7 (C.I. 74260), a polychlorinated phthalocyanine pigment. Crude Green Presscake is dark-green in appearance and will be imported in the form of a semi-solid wet cake. Pigment Green 7 is also green in appearance and will be imported as a fine powder. Like Bayferrox 1410M, these pigments will be used as ingredients in the manufacture of coloring preparations.

Pursuant to Note 1(a) to Chapter 32, HTS, the applicable subheading for Bayferrox 1410M will be 2821.10.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for "Iron oxides and hydroxides: Synthetic pigments: Yellow." The rate of duty will be 3.7 percent ad valorem. At the present time, pursuant to General Note 4(c) - 4(d), HTS, this merchandise is not eligible for duty-free treatment under the Generalized System of Preferences (GSP). The applicable subheading for Crude Green Presscake and Pigment Green 7 will be 3204.17.9010, HTS, which provides for “Synthetic organic coloring matter and preparations based thereon as specified in Note 3 to this chapter: Pigments and preparations based thereon: Other: Other: Pigment green 7.” The rate of duty will be 10.6 percent ad valorem. At the present time, pursuant to General Note 4(b)(i) - 4(b)(ii), HTS, this merchandise is not eligible for duty-free treatment under the Generalized System of Preferences (GSP).

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 them at 401 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (732) 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 Harvey Kuperstein at 212-637-7068.

Sincerely,

Robert B. Swierupski

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