CLA-2-38:RR:NC:2:239 K83545

Ms. Margaret Polito
Neville Peterson LLP
80 Broad Street- 34TH Floor
New York, New York 10004

RE: The tariff classification of LTPE Powder from Japan

Dear Ms. Polito:

In your letter dated February 25, 2004, you requested a tariff classification ruling.

Your request concerns the proper classification of a product called LTPE Powder which is manufactured in Japan. Laboratory analysis and importer’s information indicates that the sample, a light cream-colored powder, is predominately a mixture of amino acids and peptides.

In your correspondence, you state that the subject product should be classifiable in either subheading 3501.90.6000, HTSUS, or subheading 3504.00.5000, HTSUS.

In our opinion, neither classification would be correct for the LTPE Powder. As per Laboratory Report NY20040760, subheading 3501.90.6000, HTSUS would not apply. Furthermore, based on Explanatory Notes 35.04(B)(6) and 35.04(a), the subject product would not be classifiable under 3501.90.6000, HTSUS.

The applicable subheading for the LTPE Powder will be 3824.90.2800, Harmonized Tariff Schedule of the United States (HTS), which provides for “Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Mixtures containing 5 percent or more by weight of one or more aromatic or modified aromatic substances: Other.” The rate of duty will be 6.5 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.


Robert B. Swierupski
National Commodity
Specialist Division