CLA-2-29:RR:NC:2:240 J89899

Mr. Bruno Romano
Euro Cargo Express
154-09 146th Avenue
Jamaica, New York 11434

RE: The tariff classification of KINOX-68 (CAS # 31570-04-4), KINOX-26, (CAS # 26741-53-7), HILITE-94 (CAS # 71878-19-8), HILITE-62 (CAS # 65447-77-0) and HILITE-81 (CAS # 1843-05-6) from India

Dear Mr. Romano:

In your letter dated October 1, 2003 you requested a tariff classification ruling on behalf of your client High Polymer Labs Inc.

KINOX-68, also known as Phenol, 2,4-bis(1,1-dimethylethyl)-, phosphite (3:1) and KINOX-26, also known as Phosphorous acid, cyclic neopentanetetrayl bis(2,4-di-tert-butylphenyl) ester, are aromatic esters of inorganic acids. HILITE-94, also known as Poly((6-((1,1,3,3-tetramethylbutyl)amino)-1,3,5-triazine-2,4-diyl)((2,2,6,6-tetramethyl-4-piperidinyl)imino)-1,6-hexanediyl((2,2,6,6-tetramethyl-4-piperidinyl)imino)), is a heterocyclic compound with an unfused triazine ring. HILITE-62, also known as Butanedioic acid, dimethyl ester, polymer with 4-hydroxy-2,2,6,6-tetramethyl-1-piperidineethanol, is a polyester in primary form. HILITE-81, also known as Methanone, [2-hydroxy-4-(octyloxy)phenyl]phenyl-, is an aromatic ketone with an additional oxygen function.

KINOX-68 and KINOX-26 are high performance phosphite based process stabilizer antioxidants. HILITE-94 and HILITE-62 are hindered amine light stabilizers (HALS) for use in various polymers as ultraviolet light stabilizers. HILITE-81 is an ultraviolet light absorber (UVA) used in a wide range of applications in various polymers.

The applicable subheading for HILITE-81, also known as Octabenzone, will be 2914.50.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for Ketones and quinones, whether or not with other oxygen function, and their halogenated, sulfonated, nitrated or nitrosated derivatives: Ketone-phenols and ketones with other oxygen function: Aromatic: Other….. The rate of duty will be 6 percent ad valorem. Pursuant to General Note 13 to the Harmonized Tariff Schedule, this product will be free of duty.

The applicable subheading for KINOX-68 and KINOX-26 will be 2920.90.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for Esters of other inorganic acids of nonmetals (excluding esters of hydrogen halides) and their salts; their halogenated, sulfonated, nitrated or nitrosated derivatives: Other: Aromatic: Other….. The rate of duty will be 6.5 percent ad valorem

The applicable subheading for HILITE-94 will be 2933.69.6030, Harmonized Tariff Schedule of the United States (HTS), which provides for Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing an unfused triazine ring (whether or not hydrogenated) in the structure: Other: Other….. Products used principally for rubber processing….. The rate of duty will be 3.5 percent ad valorem.

The applicable subheading for HILITE-62 will be 3907.99.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for Polyacetals, other polyethers and epoxide resins, in primary forms; polycarbonates, alkyd resins, polyallyl esters and other polyesters in primary forms: Other polyesters: Other….. Other….. The rate of duty will be 0.3 cents per kilogram plus 6.8 percent ad valorem.

Products classifiable under subheading 3907.99.0050, HTS, which are products of India may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

This product may be subject to the requirements of the Toxic Substances Control Act (TSCA), which is administered by the U.S. Environmental Protection Agency located at 402 M Street, S.W., Washington, D.C. 20460. You may contact them at (202) 554-1404. 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 Stephanie Joseph at 646-733-3268.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division