The classification of a reformed naphtha product obtained frompetroleum.

NY C88110 June 17, 1998 CLA-2-27:RR:NC:FC:237 C88110 CATEGORY: Classification TARIFF NO: 2707.50.0000; 2710.00.2500 Michael F. Mitri, Esq. One Atlantic Street Stamford, Connecticut 06901 RE: The classification of a reformed naphtha product obtained from petroleum. Dear Mr. Mitri: In your letter dated May 15, 1998 you requested a tariff classification ruling. The merchandise is described as a reformed naphtha product obtained from petroleum distillation followed by catalytic reforming to enhance its aromatics content for use as a precursor to conventional unleaded gasoline and cannot be blended into motor fuel in its imported condition. The product will meet the following specifications at the time of importation: Minimum Target Maximum Density @ 15 deg. C. (60 F.) 0.7 0.7663 0.85 API gravity 45 53 60 Percent by volume distilled (according to ASTM D86 method): at 70 deg. C. (158 F.) 10 15 30 at 100 deg. C. (212 F.) 25 40 50 at 180 deg. C. (356 F.) 80 85 100 at 185 deg. C. (365 F.) 95 100 100 Aromatics, percent by volume 30 -- 70 Benzene, percent by volume 10 -- 50 Olefins, percent by volume 0 1 15 MTBE content nil nil nil Total aromatic percent by weight 33 -- 80 In addition to the above specifications, no single hydrocarbon compound will constitute 50 percent or more by weight of the imported merchandise. Classification of merchandise under the HTSUS is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification is determined first in accordance with the terms of the headings of the tariff and any relative section or chapter notes, and unless otherwise required, according to the remaining GRI's taken in order. Heading 2707, HTSUS, provides for oils and other products of the distillation of high temperature coal tar; similar products in which the weight of the aromatic constituents exceeds that of the nonaromatic constituents. The applicable subheading for the reformed naphtha product, if the weight of the aromatic constituents exceeds that of the nonaromatic constituents, will be 2707.50.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other aromatic hydrocarbon mixtures of which 65 percent or more by volume (including losses) distills at 250 degrees Centigrade by the ASTM D 86 method. The rate of duty is free. Heading 2710, HTSUS, provides for 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 of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations. The applicable subheading for the reformed naphtha product, if the weight of the non-aromatic constituents exceeds that of the aromatic constituents, will be 2710.00.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for naphthas (except motor fuel or motor fuel blending stock). The rate of duty is be 10.5 cents per barrel. 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 F. Cantone at 212- 466-5488. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division