OT:RR:CTF:VS H359926 LCW/ACH

Center Director, Ann Marie Paul
Industrial and Manufacturing Materials CEE
U.S. Customs and Border Protection
726 Exchange Street
Buffalo, NY 14210

Attn: Salvatore Giangreco-Marotta, Import Specialist, Industrial and Manufacturing Materials
CEE

RE: Application for Further Review of Protest No. 2304-26-103935; Vitracoat America, Inc.; USMCA Preference Eligibility for Polyester Powder Coatings

Dear Center Director Paul:

This is in response to an Application for Further Review (“AFR”) of Protest Number 2304- 26-103935, timely filed on April 8, 2026, on behalf of Vitracoat America, Inc. (“Vitracoat” or the “Protestant”), concerning preferential tariff treatment under the United States-Mexico- Canada Agreement (“USMCA”) for polyester powder coatings. The AFR was forwarded to this office for consideration.

FACTS:

On July 30, 2024, Vitracoat entered powder coatings at the Port of Laredo, Texas under subheading 3907.99.50, Harmonized Tariff Schedule of the United States (“HTSUS”). Vitracoat states that the coatings are more durable, scratch-resistant, and environmentally responsible than other finishes. The thermosetting powder coatings are 100% solid and contain a catalyst that chemically reacts when exposed to heat or radiant energy curing.

The powder coatings consist of polyester resin, barium sulfate, titanium dioxide, dicyandiamide, pigments, and mineral fillers. The ingredients are melted into a mix, ground into a uniform powder, applied via electrostatic spray deposition, and cured to produce high-density chemical cross-linking. These ingredients give the product characteristics such as shine and durability. The powder is sprayed via electrostatic equipment onto a metal substrate. It adheres via positive/negative charge and passes through a curing oven where the thermal polymer reacts chemically to form a uniform plastic film.

The following product lines are at issue in this protest:

• VitraSOL (architectural coatings): High-performance, durable coatings designed for architectural applications (aluminum or steel), suitable for interior and exterior use; • VitraXtreme (super durable corrosion resistant [“SDCR”]): Designed for heavy machinery such as bulldozers and cranes. Uses SDCR technology to provide corrosion resistance and UV protection in a single step, replacing traditional two- coat systems; • VitraBOND (metallic bonded coatings): A patented process incorporating heat and high-density mixing to encapsulate metallic flakes within the powder particle. This ensures a consistent finish and better faraday cage penetration, unlike dry-blended metallics; • VitraHEAT (high-temperature resistant): o Level I: Up to 315°C (grills, toasters) o Level II: Up to 450°C (commercial grills) • VitraSLIP (low friction): Provides a very low coefficient of friction for sliding parts; and • VitraCLEAN (anti-graffiti): Resistant to staining and allows for easy cleaning of markers and spray paint.

The powder coatings at issue are used in the following industries:

• Agricultural and Construction Equipment, including tractors, trailers, bulldozers, forklifts, cranes, and mining equipment; • Architectural, including aluminum extrusions, windows, fencing, and light poles; • Automotive, including under-hood, exterior trim, wheels, and toolboxes; • Appliances, including refrigerators, washers and dryers, dishwashers, water heaters, and microwaves; • Heating, Ventilation, and Air Conditioning (“HVAC”); • Electrical Enclosures, including electrical cabinets, switchboxes, transformers, motors, and computers; • General Industry, including bicycles, motorcycles, recreational vehicles (“RVs”), shelving, and sports equipment; and • Gardening, including mowers, trimmers, and snow blowers.

Vitracoat states that the entire production process takes place in Mexico at the facilities of Vitracoat Pinturas en Polvo S.A. de C.V. The main ingredient of the powder is polyester resin, which initially arrives in the form of small, crystallized flakes. The resin is mixed with curing agents, additives, pigments, and fillers. The major materials are weighed automatically, and the minor ingredients are micro-weighed manually based on pre-determined formulations, and all ingredients are loaded into a pot. The pot is placed in a high-speed mixer where the materials are blended. The mix is then transferred to the extruders, and a sample is sent to the laboratory for 2 testing where the melting point, gel time, and specific gravity are tested. The extrusion process uses heat and mechanical shear to transform the initial dry powder mixture into a semi-liquid fluid. Thickness, color, gloss, hardness, impact resistance, adhesion, and contamination are also evaluated.

Once the mix is approved, the full batch is extruded, and the materials are melted, mixed, and cooled into chips. During this stage, the mixture is dispersed, homogenized, and fused, allowing the melted resin to encapsulate the pigments and additives. Once extruded and cooled, the original input materials can no longer be physically separated. After the heating and dispersion phase, the semi-liquid fluid is pressed by cooling rollers to create a long, solid sheet. This sheet is then stretched and toasted before being ground into its final powder form. The mix is ground into fine particles, and the particles are classified to separate very fine and coarse particles using classifying mills with cyclones and screens. A sample is then tested with a laser diffraction particle size analyzer for particle size distribution, finish, and contamination.

ISSUE:

Whether the polyester powder coatings made in Mexico from non-originating materials are eligible for preferential tariff treatment under the USMCA.

LAW AND ANALYSIS:

We note that this matter is protestable under 19 U.S.C. § 1514(a)(5) as a decision relating to the liquidation or reliquidation of an entry. The protest was timely filed, within 180 days of liquidation for the entry. See Miscellaneous Trade and Technical Corrections Act of 2004, Pub. L. 108-429, § 2103(2)(B)(ii) - (iii) (codified as amended at 19 U.S.C. § 1514(c)(3) (2006)). Further review of this protest is properly accorded to the importer pursuant to 19 CFR § 174.24(b) because the issues protested involve questions of law or fact, which have not been ruled upon.

The USMCA was signed by the Governments of the United States, Mexico, and Canada on November 30, 2018. The USMCA was approved by the U.S. Congress with the enactment on January 29, 2020, of the USMCA Implementation Act, Pub. L. 116-113, 134 Stat. 11, 14 (19 U.S.C. § 4511(a)). General Note (“GN”) 11 of the HTSUS implements the USMCA. GN 11(b) sets forth the criteria for determining whether a good is an originating good for purposes of the USMCA. GN 11(b) states:

For the purposes of this note, a good imported into the customs territory of the United States from the territory of a USMCA country, as defined in subdivision (l) of this note, is eligible for the preferential tariff treatment provided for in the applicable subheading and quantitative limitations set forth in the tariff schedule as a "good originating in the territory of a USMCA country" only if—

(i) the good is a good wholly obtained or produced entirely in the territory of one or more USMCA countries;

3 (ii) the good is a good produced entirely in the territory of one or more USMCA countries, exclusively from originating materials;

(iii) the good is a good produced entirely in the territory of one or more USMCA countries using nonoriginating materials, if the good satisfies all applicable requirements set forth in this note (including the provisions of subdivision (o)); …

As noted above, GN 11(b)(iii) indicates that a good may be considered an originating good of a USMCA country if the good satisfies all applicable requirements set forth in GN 11. Vitracoat states that the coatings qualify as originating goods of a USMCA country in accordance with the terms of GN 11(n)(v)(D), which states that:

A good of chapter 39 is an originating good if the deliberate and proportionally- controlled mixing or blending (including dispersing) of materials, other than the addition of diluents, to conform to predetermined specifications occurs in the territory of one or more of the USMCA countries, resulting in the production of a good having essential physical or chemical characteristics that are relevant to the purposes or uses of the good and are different from the input materials.

As previously noted, the coatings are classified under subheading 3907.99.50, HTSUS, and therefore may qualify as originating under this rule.

In Headquarters Ruling Letter (“HQ”) H312506, dated October 7, 2020, CBP determined that polyvinyl chloride (“PVC”) plasticized compound qualified as an originating good of a USMCA country under General Note 11(n)(v)(D) because the PVC compound was produced through the precise and deliberate mixing of ingredients, resulting in a new product with different physical characteristic than the input materials.

In this case, the powder coatings are made through a process of deliberate and proportionally-controlled mixing and blending. The ingredient amounts needed for each mixture are set out in a specific formula, and the ingredients are weighed to ensure the mixture contains the necessary portions of each ingredient. Further, the powder coatings have essential physical characteristics that are relevant to the purpose and use of the goods. As previously stated, Vitracoat makes a variety of powder coatings specifically designed to be used in a variety of industries. The physical characteristics of the coatings, including corrosion resistance, UV protection, heat protection, and stain resistance, are relevant to their uses on outdoor machinery, grills, walls, and architectural elements. For these reasons, the powder coating is deliberately mixed and has physical characteristics relevant to its uses and different from the input materials.

Based on the information outlined above, we find that the finished product meets the definition of an originating good of a USMCA country in accordance with General Note 11(n)(v)(D). As a result, the PVC compound produced in Mexico will qualify for preferential treatment under the USMCA.

4 HOLDING:

This protest should be GRANTED. Based on the information provided, we find that the imported polyester powder coatings classified under 3907.99.50, HTSUS, qualify for preferential tariff treatment under the USMCA. Protest No. 2304-26-103935 is referred back to your Center for appropriate action.

You are instructed to notify the importer, through the importer’s counsel, of this decision no later than 60 days from the date of this decision. Any reliquidation of the entry or entries in accordance with the decision must be accomplished prior to this notification. Sixty days from the date of the decision, the Office of Trade, Regulations and Rulings will make the decision available to CBP personnel and the public on the Customs Rulings Online Search System (CROSS) at https://rulings.cbp.gov/, or other methods of public distribution.

Sincerely,

For Yuliya A. Gulis, Director
Commercial and Trade Facilitation Division

5