HQ 951175: Classification of Irganox B-225, Irganox B-835 and Tinuvin 770

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 951175

                              June 18, 1992


CLA-2 CO:R:C:F  951175  JGH

CATEGORY: Classification

TARIFF NO.: 3812.30.4000

Mr. Sidney Leveridge
CIBA-GEIGY Corporation
Seven Skyline Drive
Hawthorne, New York  10532-2188

RE: Classification of Irganox B-225, Irganox B-835 and Tinuvin
    770

Dear Mr. Leveridge:

     Your letter of February 11, 1992, concerns the tariff status
of certain chemicals under the Harmonized Tariff Schedule of the
United States (HTSUS).

FACTS:

     The chemicals-
Irganox B-225,a mixture of Tetrakis (methylene (3,5-di-tert-
butyl-4- hydroxyhydrocinnamate) methane and Tris (2,4-di-tert-
butylphenyl) phosphite,

Irganox B-835, a mixture of thiodiethylene bis (3,5 di-tert-
butyl-4-hydroxycinnamate) and disteryl-beta,beta'-
thiodipropionate), and

Tinuvin 770, Bis (2,2,6,6-tetramethyl-4-piperidyl) sebacate,
    - are made in the United States, and shipped in powder form
to Canada, where they are processed into granular form.

     The products are said to be antioxidants and stabilizers.

     In Canada, the powders are subjected to a mechanical
processing in which they are converted into granular form.  The
processing consists of the powders being fed into a roller
compaction unit, which consists of two cooled cylindrical
rollers, and compressed between the rollers under high pressure
into flakes; the flakes are then reduced in size and separated to
attain the desired granular size.  The articles are then given a
"FF" designation, and reimported into the United States.

                              - 2 -

ISSUE:

     Whether the Irganox and Tinuvin products are eligible for
preferential duty treatment under the U.S. - Canada Free Trade
Agreement (CFTA).

LAW AND ANALYSIS:

     Under General Note 3(c)(vii)(B), HTSUS, "originating goods"
are entitled to preferential duty treatment if they are wholly
obtained or produced in the territory of Canada and/or the U.S.
As Irganox B-225 FF, Irganox B-835 FF and Tinuvin 770 FF come
within this definition they would be considered "originating
goods" under the CFTA.

     Irganox B-225 FF and Irganox B-835 FF are compound
stabilizers for rubber and plastics in subheading 3812.30.4000,
HTSUS.  The "CA" reduced rate of duty is 0.7 cent per kilo plus
2.7 percent ad valorem.

     Tinuvin 770 FF is classifiable as a compound containing an
unfused pyridine ring (whether or not hydrogenated) in the
structure, in subheading 2933.39.2000, HTSUS.  The "CA" rate of
duty is 1.1 percent ad valorem.

                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division