The tariff classification of ITECSOL Antiknock and Corrosion Inhibitor Fuel Additives from Australia and Brazil

N047274 December 19, 2008 CLA-2-38:OT:RR:NC:N2:235 CATEGORY: Classification TARIFF NO.: 3811.90.0000 Mr. Philip S. Gallas Husch Blackwell Sanders LLP 4801 Main Street, Suite 1000 Kansas City, Missouri 64112 RE: The tariff classification of ITECSOL Antiknock and Corrosion Inhibitor Fuel Additives from Australia and Brazil Dear Mr. Gallas: In your letter dated November 26, 2008, on behalf of Itec Refining and Marketing Co. Ltd., you requested a tariff classification ruling. Additional information was requested from, and provided by you on December 16, 2008. This ruling is based on that correspondence and the initial request as stated below. The subject products are called ITECSOL AC500, AC600 and AC700. You indicated that the three formulations are all antiknock and corrosion inhibitors designed for use as gasoline additives. According to documents provided with your request, these are custom formulated and blended to meet specific additive needs for either finished gasoline or sub-octane gasoline feedstock. All three products are liquid non-metallic antiknock preparation additives with corrosion inhibitor properties. The general makeup of these products contains one or more of the following alcohols: Isopropanol, propanol, butanol, and ethanol. In addition to the alcohol base are xylene as an octane booster, various hydrocarbons not having an end boiling point of higher than 225 degrees Celsius, and a metal corrosion inhibiting compound, specifically designed to function with the oxygenated alcohol components present in the mixture. The applicable subheading for ITECSOL AC500, AC600 and AC700 will be 3811.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Antiknock preparations, oxidation inhibitors, gum inhibitors, viscosity improvers, anti-corrosive preparations and other prepared additives, for mineral oils (including gasoline) or for other liquids used for the same purposes as mineral oils: Other:”. The rate of duty will be 6.5 percent ad valorem. Articles classifiable under subheading 3811.90.0000, HTSUS, which are products of Australia may be entitled to duty free treatment under the United States-Australia Free Trade Agreement (UAFTA) upon compliance with all applicable regulations. 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 Paul Hodgkiss at (646) 733-3046. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division