The tariff classification of Copper Phthalocyanine Green Crude (CAS-1328-53-6)

NY H84388 August 29, 2001 CLA-2-32:RR:NC:2:238 H84388 CATEGORY: Classification TARIFF NO.: 3204.17.9010 Arlen T. Epstein, Esq. Tompkins & Davidson, LLP One Astor Plaza 1515 Broadway New York, NY 10036-8901 RE: The tariff classification of Copper Phthalocyanine Green Crude (CAS-1328-53-6) Dear Mr. Epstein: In your letter dated August 1, 2001, on behalf of your client, Biddle Sawyer Corporation, you requested a tariff classification ruling. The subject product, Copper Phthalocyanine Green Crude, identified (by name) in the TSCA Inventory as “C.I. Pigment Green 7,” also identified in the Colour Index as “C.I. 74260,” is a synthetic organic pigment indicated for use as an ingredient in the manufacture of coloring preparations. You assert in your letter that the subject product is properly classifiable within subheading 3204.17.2000, HTS, which provides for “Copper phthalocyanine ([Phthalocyanato(2-)]-copper), not ready for use as a pigment.” However, we disagree. In fact, a perusal of several websites (see, for example, www.ChemWeb.com™ and www.chemfinder.cambridgesoft.com.) indicates that the Chemical Abstracts Service (CAS) registry number assigned to copper phthalocyanine is “147-14-8” (as opposed to “1328-53-6” for Copper Phthalocyanine Green Crude), while its assigned Colour Index number is “C.I. 74160” (as opposed to “74260” for Copper Phthalocyanine Green Crude). Accordingly, it is our determination that the subject product, Copper Phthalocyanine Green Crude, having CAS registry number 1328-53-6 and Colour Index number 74260, is not properly classifiable within subheading 3204.17.2000, HTS.  The applicable subheading for Copper Phthalocyanine Green Crude will be 3204.17.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for "Synthetic organic coloring matter and preparations based thereon as specified in note 3 to this chapter: Pigments and preparations based thereon: Other: Other: Pigment Green 7." The rate of duty will be 10.6 percent ad valorem. This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which is administered by the U.S. Environmental Protection Agency. You may contact them at 401 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (732) 321-6669. 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 Harvey Kuperstein at 212-637-7068. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division