Classification of certain chemicals

HQ 088915 April 30, 1991 CLA-2 CO:R:C:F 088915 JGH CATEGORY: Classification TARIFF NO.: 2909.19.1000 Peter Martin, Esq. Barnes, Richardson & Colburn 1819 H Street, N.W. Washington, D.C. 20006 RE: Classification of certain chemicals Dear Mr. Martin: Your letters of March 18, and March 28, 1991, concern the classification of certain chemicals under the Harmonized Tariff Schedules of the United States (HTSUS). FACTS: The chemicals as you describe them are: (1) Cyclohexane, 1, 1-bis(1-methylethoxy) ( C.A.S. number 1132-95-2) described as an intermediate in the manufacture of antibacterial pharmaceuticals. (2) Benzenepropanoic acid, 2-chloro-4, 5-difluoro-.beta.-oxo-, ethyl ester (C.A.S.121-872-97-7), described as an intermediate in the manufacture of anti-infective pharmaceuticals. (3) 2 Acetylbenxo(b)thiophene,or Ethanone, 1-benzo[b]thien-2-yl (C.A.S. 22720-75-8), described as an intermediate in the manufacture of anti-inflamatory pharmaceuticals. ISSUE: Classification in the HTSUS of the above chemicals. -2- LAW AND ANALYSIS: Classification under the HTSUS is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification is determined first in accordance with the terms of the headings and any relative Section or Chapter notes. Chapter note 1, Chapter 29, HTSUS, states that the headings of the Chapter cover separately chemically defined organic compounds, whether or not containing impurities. Therefore, the classification of the named chemicals would be as follows: 1) Cyclohexane, 1, 1-bis(1-methylethoxy)- is classifiable under the provision for acetals and hemiacetals in subheading 2911.00.0000, HTSUS. The rate of duty is 5.3 percent ad valorem. (2) Benzenepropanoic acid, 2-chloro-4, 5-difluoro-beta-oxo-, ethyl ester is classifiable under the provision for other carboxylic acids with aldehyde or ketone function but without other oxygen function, in subheading 2918.30.20, HTSUS, dutiable at 13.5 percent ad valorem. (3) 2-Acetylbenxo (b) thiophene, or Ethanone, 1- benzo[b]thien-2-yl-, is classifiable under the provision for other aromatic or modified aromatic heterocyclic compounds in subheading 2934.90.4000, HTSUS, dutiable at the rate of 13.5 percent ad valorem. Sincerely, John Durant, Director Commercial Rulings Division hurley library/peh 088915 6cc A.D., N.Y. Seaport 2cc CIE