CLA-2 CO:R:C:F 951035 EAB

Mr. Andrew F. Powell
C.H. Powell Co., Inc.
170 Broadway
Suite 1610
New York, New York 10038-0037

Re: T-77; ferrate(1-),bis[4-[(5-chloro-2-hydroxyphenyl)azo]-3- hydroxy-N-phenyl-2-naphthalenecarboxamidato (2-)]-, ammonium, sodium and hydrogen; CAS 104815-18-1; charge controlling agent; plain paper copier; electrophotographic printer; 2942; metal complex dye; 3204; NYRL 850429 revoked

Dear Mr. Powell:

This is in further reply to your letter dated March 12, 1990, in which you requested from our New York office a binding ruling on the classification of a chemical product identified as T-77 and used as a charge controlling agent with toners in plain paper copiers and electrophotographic printers. In response to that request, NYRL 850429 was issued.

This is also a decision on a reconsideration of NYRL 850429 (April 9, 1990), which classified the merchandise under subheading 3204.19.1500, Harmonized Tariff Schedule of the United States Annotated (HTSUSA) and held that merchandise so classified would be entered subject to the column 1 general rate of duty of 15% ad valorem.

FACTS:

The merchandise is marketed under the label T-77. Customs New York laboratory has viewed a sample and reports that the dark grey powder is an aromatic iron coordination complex identified by your principal as ferrate(1-),bis[4-[(5-chloro-2- hydroxyphenyl)azo]-3-hydroxy-N-phenyl-2-naphthalenecarboxamidato (2-)]-, ammonium, sodium and hydrogen, listed under CAS Registry Number 104815-18-1.

Your letter said the product was a charge controlling agent for use with toners in plain paper copiers and electrophotographic type printers, but contained technical literature describing the product as a metal complex azo dye. The complex was classified under subheading 3204.19.1500, HTSUSA, a provision in part describing solvent dyes and preparations based thereon and bearing duty at the rate of 15% ad valorem. NYRL 850429, supra.

ISSUE:

What is the proper classification under the HTSUSA of T-77, an aromatic iron coordination complex identified as ferrate(1-), bis[4-[(5-chloro-2-hydroxyphenyl)azo]-3-hydroxy-N-phenyl-2- naphthalenecarboxamidato (2-)]-, ammonium, sodium and hydrogen, CAS Registry Number 104815-18-1?

LAW AND ANALYSIS:

Merchandise imported into the U.S. is classified under the HTSUSA. The tariff classification of merchandise under the HTSUSA is governed by the principles set forth in the General Rules of Interpretation (GRIs) and, in the absence of special language or context which otherwise requires, by the Additional U.S. Rules of Interpretation. The GRIs and the Additional U.S. Rules of Interpretation are part of the HTSUSA and are to be considered statutory provisions of law for all purposes.

GRI 1 requires that classification be determined first according to the terms of the headings of the tariff schedule and any relative section or chapter notes and, unless otherwise required, according to the remaining GRI's taken in order.

Explanatory Notes to the Harmonized Commodity Description and Coding System represent the official interpretation of the Customs Cooperation Council on the scope of each heading, and, although neither binding upon the contracting parties to the Harmonized System Convention nor considered to be dispositive interpretations, they should be consulted on the proper scope of the System.

Heading 2942 is a basket provision for other organic compounds not elsewhere specified or included in the Schedule. Thereunder, subheading 2942.00.1000 provides for products described in additional U.S. note 3 to section VI.

Heading 3204 describes preparations as specified in note 3 to chapter 32 of the Schedule based on synthetic organic coloring matter. Thereunder, subheading 3204.19.1500 provides for products described in additional U.S. note 3 to section VI.

In reviewing this matter we have concluded that the product is used for its charge control properties rather than for its dyeing properties. In view of this conclusion and based upon the chemical composition and structure of T-77, we are of the opinion that it is classifiable according to the terms of the headings of chapter 29, and, since T-77 is not elsewhere specified or included, under heading 2942.

HOLDING:

T-77, an aromatic iron coordination complex identified as ferrate(1-), bis[4-[(5-chloro-2-hydroxyphenyl)azo]-3-hydroxy-N- phenyl-2-naphthalenecarboxamidato (2-)]-, ammonium, sodium and hydrogen, CAS Registry Number 104815-18-1, is classifiable under subheading 2942.00.1000, which provides for other organic compounds; aromatic or modified aromatic; drugs; products described in additional U.S. note 3 to section VI.

Merchandise classified under this subheading is subject to the column 1 general rate of duty of 13.5% ad valorem.

This decision should be considered a revocation of NYRL 850429 pursuant to 19 CFR 177.9(d)(1).

Sincerely,

John Durant, Director
Commercial Rulings Division