CLA-2-29:RR:NC:2:239 K80626

Mr. Milton Tamamoto
Hankyu International Transport USA Inc.
JFK Airport
Cargo Bldg. 75, Room 235
Jamaica, NY 11430

RE: The tariff classification of Alkyloxy-Phthalocyanine Metal Complex from Japan.

Dear Mr. Tamamoto:

In your letter dated November 11, 2003, you requested a tariff classification ruling for Alkyloxy-Phthalocyanine Metal Complex (Chemical Name – C,C,C,C-Tetrakis [2-Methyl-1 (1-Methylethyl) Propoxy]-29H,31H-Phthalocyaninato(2-)-RN29, RN30,RN31, RN32]-,[(Ferrocenylcarbonyl)Imino]Methyl derivative, which you have stated is a functional dye used as an ingredient in the recording layer of compact recordable discs.

Our research indicates that compounds such as Alkyloxy-Phthalocyanine Metal Complex are commonly referred to as near-infrared absorbing dyes, even though in the strict sense they are not dyes since their absorbtion is outside the visible region.

The applicable subheading will be 2942.00.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other organic compounds. The rate of duty will be 3.7 percent ad valorem. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Andrew Stone at 646-733-3032.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division