CLA-2-27:OT:RR:NC:N2:237

Mr. Tim Jones
Trade Compliance Manager
INEOS USA LLC
2600 South Shore Boulevard
Suite 500
League City, TX 77573

RE: The tariff classification of a mixture of Diisobutylene (CAS-25167-70-8) and other unsaturated acyclic C8H16 hydrocarbon isomers from Germany.

Dear Mr. Jones:

In your letter dated May 7, 2009, you requested a tariff classification of a mixture of unsaturated acyclic hydrocarbon isomers. You provided Product Information Sheets, Sales Specifications Sheets, Technical Data Sheets, MSDS Sheets and applicable CAS Numbers for our review.

The product is described as a mixture of approximately 90% of one 2,2,4-trimethylpentene isomer (also designated: Diisobutylene, CAS-25167-70-8) and 10% other unsaturated acyclic C8H16 hydrocarbon isomers derived from the distillation and cracking of C4 petroleum hydrocarbon light oils. The mixture is a clear colorless liquid having a boiling point range of approximately 98 oC to 104oC. The mixture is used as an intermediate in the organic synthesis of isononyl alcohol, acid, esters, octylphenol and sulphur additives for fuels and pesticides.

The applicable subheading for Diisobutylene will be 2710.11.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70 percent or more of petroleum oils or oils obtained from bituminous minerals, these oils being the basic constituents of the preparations, other than waste oils: Light oils and preparations: Other: Other (which includes mixtures of petroleum hydrocarbons containing a single hydrocarbon of over 50% by weight). The rate of duty will be 7% ad valorem.

This merchandise may be subject to the requirements of the Toxic Substances Control Act administered by the U.S. Environmental Protection Agency (EPA). You may contact the EPA located at 402 M Street, S.W., Washington, D.C. 20460, at telephone number 204-554-1404.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Frank Cantone at (646) 733-3038.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division