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NY I81853

June 3, 2002

CLA-2-29:RR:NC:2:240 I81853


TARIFF NO.: 2909.60.200

Mr. William J. Phelan
Phelan & Mitri
One Atlantic Street
Stamford, Connecticut 06901

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of Cumene Hydroperoxide, CAS 80-15-9 from the United States; Article 509

Dear Mr. Phelan:

In your letter dated May 3, 2002 you requested a ruling on behalf of your client Sunoco Chemicals on the status of Cumene Hydroperoxide, CAS 80-15-9 from the United States under the North American Free Trade Agreement (NAFTA).

Cumene Hydroperoxide, CAS 80-15-9, also known as CHP and Hydroperoxide, 1-methyl-1-phenylethyl, is a bulk chemical compound used to manufacture organic peroxides.

The applicable tariff provision for Cumene Hydroperoxide will be 2909.60.2000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for Alcohol peroxides, ether peroxides, ketone peroxides and their halogenated, sulfonated, nitrated or nitrosated derivatives: Aromatic: Other. The general rate of duty will be 8.4 percent ad valorem.

The Cumene Hydroperoxide, being wholly obtained or produced entirely in the territory of the United States, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

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 at 646-733-.


Robert B. Swierupski

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