HQ 084242: Classification of a Carbon Black Color Concentrate.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 084242

                                    June 15, 1989

          CLA-2 CO:R: C:G 084242 JGH

          CATEGORY: Classification

          TARIFF NO: 3206.49.10

          Mrs Alice Wagner
          C.J. Tower,Inc.
          128 Dearborn St.
          Buffalo, N.Y. 14207-3198

          RE: Classification of a Carbon Black Color Concentrate.

           Dear Mrs. Wagner:

                  In a recent ruling letter to you (838953) on the
          classification of "Ink Chips" ( inorganic color concentrates)
          under the Harmonized Tariff Schedule of the United States
          (HTSUS), you were informed by our New York office that the
          classification of a carbon black color concentrate was being
          referred to this office.

          FACTS:
                   Carbon Black BC, Pigment Black 7 is said to be a
          concentrate dispersed in a copolymer vinyl resin.

          ISSUE:
                   Whether carbon black in a vinyl dispersion is
          classifiable under the provision for other preparations based on
          carbon black in subheading 3206.49.40, HTSUS, or concentrated
          dispersions of pigments in a plastics materials in subheading
          3206.49.10, HTSUS.

























                                         -2-

          LAW AND ANALYSIS:

                   Classification under the HTSUS is governed  by  the
          General Rules of Interpretation (GRI). GRI 1 provides that the
          classification is determined first in accordance with the
          headings and relative Section and Chapter Notes. The Explanatory
          Notes to the HTSUS constitute the official interpretation of the
          HTSUS on the international level.

                   The Explanatory Notes to heading 3206, which covers
          other coloring matter or preparations, states that included under
          that heading are concentrated dispersions in plastics, natural
          rubber, synthetic rubber, plasticizers, or other media, which are
          used for coloring plastics, rubber etc. in the mass.


                   Under GRI 3 (a) where mixtures or composite goods are
          classifiable under two or more headings, they are classifiable
          under the provision which most specifically describes them. In
          view of the composition of this carbon black concentrate it is
          believed that it is most specifically described in subheading
          3206.49.10,HTSUS.

          HOLDING:

                   Carbon Black BC Pigment Black 7 dispersed in vinyl resin
          is classifiable under the provision for concentrated dispersions
          of pigments in plastics materials in subheading 3206.49.10,
          HTSUS. The rate of duty is 4.7 percent ad valorem. Products of
          Canada classifiable under the above subheading number are
          entitled to the reduced rate of duty if all of the requirements
          are met.

                                        Sincerely,



                                        John Durant
                                        Commercial Rulings Division