CLA-2-27/29:S:N:N229:896035
Ms. S.G. Darby
Novacor Chemicals (Canada) Ltd.
P.O. Box 3054
Sarnia, Ontario N7T 7Vl
Canada
RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of ISOPRENE/PIPERYLENE MIXTURE (derived from petroleum oils) and DICYCLOPENTADIENE (CAS
No. 77-73-6) from Canada.
Dear Ms. Darby:
In your letter dated March 15, 1994, you requested a ruling on the status of an isoprene/piperylene mixture (derived from petroleum oils) and dicyclopentadiene from Canada under the NAFTA.
You state that these two products will be processed under either of two scenarios. First, they will be processed from crude petroleum oil feedstock, a wholly originating material which is the product of Canada. Alternatively, they will be produced from crude oil feedstock, wholly originating in Canada, but containing a small percentage (less than one percent) of non-originating crude or naphtha, which will purchased on the World Market.
The applicable tariff provision for the ISOPRENE/PIPERYLENE MIXTURE, derived from petroleum oils, will be 2710.00.4590, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for Petroleum oils and oils obtained from bituminous mineral, other than crude; preparations not elsewhere specified or included, containing by weight 70 percent or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations: ... Other:... Mixtures of hydrocarbons not elsewhere specified or included, which contain by weight not over 50 percent of any single hydrocarbon compound ... Other. The General rate of duty will be 10.5 cents per barrel.
The applicable tariff provision for the DICYCLOPENTADIENE, derived from petroleum oils, will be 2902.19.0010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which
provides for Cyclic hydrocarbons:... Cyclanes, cyclenes and
cycloterplenes:...Other... Dicyclopentadiene. The general rate of duty will be 5 percent ad valorem.
The ISOPRENE/PIPERYLENE Mixture and the DICYCLOPENTADIENE, processed from feedstock, which is a wholly originating material obtained in the territory of Canada, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a FREE rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.
Each of the non-originating materials used to make the ISOPRENE/PIPERYLENE Mixture, processed from a feedstock containing under one percent non-originating oil, has satisfied the changes in tariff classification required under the HTSUSA General Note 12(t)/Chapter 27.4. Assuming the goods are eligible for preferential treatment under the NAFTA, the merchandise will be entitled to a FREE rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.
The ISOPRENE\PIPERYLENE Mixture, containing under one percent non-originating naphtha, will not be wholly obtained or produced entirely in the territory of a NAFTA country. One or more of the non-originating materials used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/Chapter 27.4, HTSUSA. Further the application of General Note 12(f), as a de minimis component would be precluded by the provisions of that note and by General Note 12(r)(v)(C), HTSUSA.
Each of the non-originating mater materials used to make the DICYCLOPENTADIENE, processed from a feedstock containing under one percent non-originating crude oil or naphtha, has satisfied the changes in tariff classification required under the HTSUSA General Note 12(t)/Chapter 29.1. Assuming the goods are eligible for preferential treatment under the NAFTA, the merchandise will be entitled to a FREE rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.
These products are listed in the Toxic Substances Control Act (TSCA) Chemical Substance Inventory, 1985 ed., Vol. III. Accordingly, importations may be subject to regulation under the provisions of the Toxic Substance Control Act (Pub. Law 94-469). Inquiries regarding the applicability of the TSCA may be addressed to the
Environmental Protection Agency
401 M Street, SE
Washington, DC 20460
[telephone (TSCA Hotline): 202 554-1404]
This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181.).
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.
This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport