The tariff classification of from IM-INA from Germany

NY F83253 March 1, 2000 CLA-2-RR:NC:2:240 F83253 CATEGORY: Classification TARIFF NO.: 2928.00.2500 Mr. John M. Gurley Arent Fox Kinter Plokin & Kahn, PLLC 1050 Connecticut Avenue, NW Washington, DC 20036-5339 RE: The tariff classification of from IM-INA from Germany Dear Mr. Gurley: In your letter dated February 10, 2000 you requested a tariff classification ruling on behalf of your client Cognis Corporation. IM-INA is an aromatic oxime intermediate used to formulate liquid ion exchange technology products. Identical products, IM-1A and IM-1K, were addressed in Headquarters letter 955761. The ruling was issued to the Chemicals Division of Henkel Corporation, which has been reincorporated to Cognis Corporation. IM, an aromatic derivative of hydroxylamine is mixed with an aliphatic hydrocarbon diluent. and denominated IM-INA. IM alone is not capable of being poured or pumped in an unheated condition without the addition of the diluent. Heating the IM without the diluent, presents the danger of autocombustion. Legal Note 1(e), Chapter 29 states that the headings of the chapter apply to separate chemically defined organic compounds dissolved in solvents other than water, provided that the solution constitutes a normal and necessary method of putting up the product adopted solely for reason of safety or for transport, and that the solvent does not render the product particularly suitable for specific use rather than for general use. The addition of the diluent to IM to prevent autocombustion yields a solution that constitutes a normal and necessary method of putting up the products adopted solely for reasons of safety or for transport, and that the solvent does not render the products particularly suitable for specific use rather than for general use. The applicable subheading for IM-INA will be 2928.00.2500, Harmonized Tariff Schedule of the United States (HTS), which provides for Aromatic organic derivatives of hydroxylamine. The rate of duty will be 6.5 percent ad valorem. 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 212 637-7066. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division