CLA-2-32:RR:NC:2:238 J88559

Mr. K. Okahashi
Sumitomo Corporation of America
600 Third Avenue
New York, NY 10016-2001

RE: The tariff classification of NK-4680 (CAS-134127-48-3) from Japan

Dear Mr. Okahashi:

In your letter dated July 24, 2003, resubmitted on August 25, 2003, you requested a tariff classification ruling.

According to your July 24th letter, “NK-4680” is a trade name for a photosensitive dye with an absorption rate of 830nm.” “The product is used as a component of polymer cleaning solutions for…thermal printing plates.” Id. A sample of the subject product was analyzed by the New York laboratory of the Bureau of Customs and Border Protection. Their report (lab report number NY20032037, dated November 4, 2003) states the following: “The sample, a brown powder, is synthetic organic coloring matter, a solvent dye type. Based on importer information and (the) scientific literature, (NK-4680) is marketed as a cyanine dye and the product is an infrared absorbing agent that can be used in the manufacture of lithographic printing plates and laser imaging materials.”

The applicable subheading for the NK-4680 will be 3204.19.2090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Solvent dyes and preparations based thereon: Other: Products described in additional U.S. note 3 to section VI: Other.” The rate of duty will be 7.4 percent ad valorem.

This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which is administered by the U.S. Environmental Protection Agency. You may contact them at 401 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (212) 637-3526.

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 Harvey Kuperstein at 646-733-3033.


Robert B. Swierupski
National Commodity
Specialist Division