CLA-2 CO:R:C:F 088915 JGH
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
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