CLA-2 CO:R:C:G 084942 SS

Mr. L.L. Barnhart, Manager, Imports
Transportation Department
Hercules Incorporated
Hercules Plaza
Wilmington, Delware 19894

RE: NYRL 828583 modified. Aquapel 364, a ketene dimer derived from fatty acids, is used as a sizing agent in paper processing.

Dear Mr. Barnhart:

In a Ruling Letter (NYRL 828583), dated March 30, 1988, our New York office provided you with the tariff classification of Aquapel 364, imported into the United States from the United Kingdom, under the Harmonized Tariff Schedule of the United States (HTSUS).

We have considered the additional information submitted by Hercules Inc., dated May 26, 1989, which indicates that Aquapel 364, a ketene dimer derived from fatty acids, is used as a sizing agent in paper processing. Based on this fact, we have now determined that Aquapel 364 is properly classifiable under subheading 3809.92.5000, HTSUS, which provides for other finishing agents of a kind used in the paper industry.

NYRL 828583 is modified accordingly.

Sincerely,

John Durant, Director
Commercial Rulings Division