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NY N020746




February 15, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 3204.19.4000

Mr. John D. Bruhnke
Milliken Chemicals
920 Milliken Rd.
M-333
Spartanburg, SC 29303

RE: The tariff classification of Vivitint™ Yellow 863 and Vivitint™ Blue 871 Colorants for Synthetic Leather from Mexico

Dear Mr. Bruhnke:

In your letter dated December 6, 2007 you requested a tariff classification ruling.

According to the technical data sheet you submitted, Vivitint™ Colorant preparations combine the transparency and vibrant colors of dyes with the low color migration properties of dyes. They are low-viscosity color concentrations applied in both dry and post treatment manufacturing processes as part of the polyurethane coating component for synthetic leather articles. New York Customs and Border Protection Laboratory Reports NY20071887/1888 describe each colorant as “a preparation based on synthetic organic colouring matter” We note from the Material Safety Data Sheets submitted that these products are manufactured for research and development purposes, and that they do not yet have assigned Chemical Abstracts Service Numbers.

The applicable subheading for the Vivitint™ Yellow 863 and Vivitint™ Blue 871 will be 3204.19.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Synthetic organic coloring matter, whether or not chemically defined; preparations as specified in note 3 to this chapter based on synthetic organic coloring matter; synthetic organic products of a kind used as fluorescent brightening agents or as luminophores, whether or not chemically defined: Synthetic organic coloring matter and preparations based thereon as specified in note 3 to this chapter: Other, including mixtures of coloring matter of two or more of the subheadings 3204.11 to 3204.19 : Other: Other: Products described in additional U.S. note 3 to section VI.” The rate of duty will be 6.5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 646-733-3033.

Sincerely,

Robert B. Swierupski
Director,

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