Classification of Optical Brighteners

HQ 956846 August 15, 1994 CLA-2 CO:R:C:F 956846 GFC CATEGORY: Classification TARIFF NO.: 3204.20.5000 Mr. Andrew Sowula Polchem International S.A. 810 North Sixth Street Allentown, Pennsylvania 18102-1610 RE: Classification of Optical Brighteners Dear Mr. Sowula: This is in response to your letter of August 2, 1994, concerning the tariff classification of optical brighteners made in Poland. You state that "[w]e have some conflicting reports about the lower rate of duty for products made in Poland." FACTS: The optical brighteners listed, Heliofor PN, Heliofor PB, and Heliofor PBX, are said to be used for surface brightening of papers. ISSUE: Classification of certain optical brighteners and the possibility of a lower rate of duty than the 8.1 per cent ad valorem provided for "Most Favored Nations." LAW AND ANALYSIS: Herliofors are considered bistriazine derivatives of diaminostilbenesulfonic acids. Products of Poland are entitled to the "General" rates of duty; however, under certain conditions (see enclosure), products from Poland may qualify for duty-free treatment under the Generalized System of Preferences (GSP). HOLDING: The Heliofors described are classifiable under the provision for other synthetic organic products of a kind used as fluorescent brightening agents in subheading 3204.20.5000, HTSUS, at a rate of duty of 8.1 percent ad valorem, or, if conditions are met, are duty free under the GSP. Sincerely, John Durant, Director Commercial Rulings Division