CLA-2-38:S:N:N7:239 803707

Mr. Michael Yoshioka
Itochu International Inc.
5847 Sa Felipe, Suite 1100
Houston, TX 77057-3009

RE: The tariff classification of Mixtures containing MTBE and Gasoline Blendstock from England.

Dear Mr. Yoshioka:

In your letter dated October 6, 1994 you requested a tariff classification ruling for several mixtures containing MTBE and gasoline blendstock. The mixtures were as follows: 90 percent MTBE - 10 percent gasoline blendstock 80 percent MTBE - 20 percent gasoline blendstock 51 percent MTBE - 49 percent gasoline blendstock 50 percent MTBE - 50 percent gasoline blendstock 49 percent MTBE - 51 percent gasoline blendstock 35 percent MTBE - 65 percent gasoline blendstock

You have stated that each mixture is to be added to gasoline or mixed with other motor fuel blending stock to make reformulated gasoline. MTBE is used as an oxygenate (oxygen containing compound) in reformulated gasoline. These mixtures have the added benefit of providing antiknock properties to the gasoline.

The applicable subheading for all of the above mixtures will be 3811.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for antiknock preparations, oxidation inhibitors, gum inhibitors, viscosity improvers, anticorrosive 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 3.7 cents per kilogram plus 13.6 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,


Jean F. Maguire
Area Director
New York Seaport