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NY J83881




May 7, 2003

CLA-2-29:RR:NC:2:240 J83881

CATEGORY: CLASSIFICATION

TARIFF NO.: 2905.39.9000

Mr. Jorge X. De Tuya
Customs Services International
7425 N.W, 48 Street
Miami, Fl 33166

RE: The tariff classification of ECUA FLAMA Wick Food Warming Fuel from Ecuador

Dear Mr. De Tuya:

In your letter dated March 12, 2003 and received April 28, 2003 you requested a tariff classification ruling on behalf of your client Fisa. A sample was submitted for review and is being returned.

ECUA FLAMA Wick Food Warming Fuel is a liquid chafing fuel. The fuel, diethylene glycol, CAS 111-46-6, is delivered via a wick protruding from a closed metal can. The product’s wick is ignited and burned to provide heat for food warming applications.

The applicable subheading for ECUA FLAMA Wick Food Warming Fuel will be 2905.39.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Acyclic alcohols and their halogenated, sulfonated, nitrated or nitrosated derivatives: Diols: Other. The rate of duty will be 6.2 percent ad valorem.

Articles classifiable under subheading 2905.39.9000, HTS, which are products of Ecuador may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

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 Stephanie Joseph at 646-733-3268.

Sincerely,

Robert B. Swierupski
Director,

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