HQ 086988: Anti-offset paste for use in printing ink; hydrocarbon mixtures

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 086988

                         August 8, 1990

CLA-2 CO:R:C:G 086988 RFC

CATEGORY: Classification

TARIFF NO.: 3823.90.4500

Mr. Frank R. Britton, Jr.
Britton & Company
P.O. Box 1109
505 Emerson Avenue
Calexico, CA 92231

RE: Anti-offset paste for use in printing ink; hydrocarbon
    mixtures

Dear Mr. Britton:

     This ruling letter is in response to your request of April
16, 1990, on behalf of Spectrum Ink Co., concerning the tariff
classification under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA) for an anti-offset paste for use in
printing ink.

FACTS:

     Your product is an anti-off set paste that is added to
printing ink (1) to speed up the drying of the ink and (2) to
prevent a freshly printed page from reproducing itself during the
printing process.  The paste is a mixture of starch, propylene
oxide, amino polydimethyl siloxane, stoddard solvent (mineral
spirits), hydrocarbons and polyethylene wax.  The last three
ingredients are hydrocarbons which are generally derived from
petroleum.

ISSUE:

     What is the proper tariff classification under the HTSUSA of
an anti-offset paste which is used in printing ink and which is a
mixture that is in part of hydrocarbons?

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is governed
by the General Rules of Interpretation (GRIs).  GRI 1 requires
that classification be determined first according to the terms of
the headings of the tariff and any relative section or chapter
notes and, unless otherwise required, then according to the
remaining GRIs, taken in order.

     Heading 3823 provides for, among other things, residual
products of the chemical or allied industries, not otherwise
specified or included.  Within this heading, subheading
3823.90.4500 provides for mixtures that are in whole or in part
of hydrocarbons derived in whole or in part from petroleum, shale
oil or natural gas.  As discussed above, your product is a
mixture that is in part of hydrocarbons derived from petroleum.
Therefore, the product is provided for in the HTSUSA under
subheading 3823.90.4500, and it should be so classified.

HOLDING:

     The above-described product is classified under subheading
3823.90.4500, HTSUSA, which provides for mixtures that are in
whole or in part of hydrocarbons derived in whole or in part from
petroleum, shale oil or natural gas.  The general rate of duty is
7 percent ad valorem.

                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division