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 ß-Isoamylene (CAS-513-35-9) and ?-Isoamylene (CAS-563-46-2) unsaturated acyclic C5H10 hydrocarbon isomers from Germany.

Dear Mr. Jones:

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

The product is a mixture of approximately 85% 2-Metyl-2-butene isomer (also designated: ß-Isoamylene, CAS-513-35-9) and 15% 2-Metyl-1-butene (also designated: ?-Isoamylene, CAS-563-46-2) unsaturated acyclic C5H10 hydrocarbon isomers derived from the distillation and cracking of C5 petroleum hydrocarbon light oils. The mixture is a clear colorless liquid having a boiling point range of approximately 35 oC to 38oC. The mixture is used in the synthesis of many chemicals and chemical intermediates with a wide range of applications, including flavors and fragrances, pesticides and herbicides, pharmaceuticals and healthcare products, catalysts, peroxides, phenolic resins, hot melt adhesives, stabilizers, photo developers, etc.

The applicable subheading for the mixture of ß-Isoamylene (CAS-513-35-9) and ?-Isoamylene (CAS-563-46-2) unsaturated acyclic C5H10 hydrocarbon isomers 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