CLA-2-39:OT:RR:NC:SP:237
Ms. Beth Morris
Ocean Import Manager
Serra International, Inc.
75 Montgomery Street, Suite 300
Jersey City, New Jersey 07302
RE: Tariff classification of polytetrafluoroethylene granular powder resins (CAS-9002-84-0) from Italy and Russia.
Dear Ms. Morris:
In your letter dated October 3, 2007 you requested a tariff classification ruling.
The polytetrafluoroethylene (PTFE) products are described as PTFE Fine Non Free Flow (NFF) powder resin with a dimension of 0.2mm (200 microns) and PTFE Granular Free Flow (FF) powder resin with a dimension of 0.5-0.8mm (500-800 microns). Based on your submission, the PTFE FF will be produced by a granulation process from the PTFE NFF and although their physical dimensions will differ, their CAS-9002-84-0 and chemical properties (density 2.15g/cm3 and melting point 327C) will remain the same.
Statistical note 2 to chapter 39 is relevant to your product and provides: For the purposes of statistical reporting number 3904.61.0010, the term “granular” refers to polytetrafluoroethylene (PTFE) resins and raw polymer produced by suspension polymerization as determined by ASTM D 4894-98a or PTFE compounds produced therefrom as determined by ASTM D 4745, or micropowders from such resins or raw polymer as determined by ASTM D 5675 (Group 1, Class 1, 4, 6).
The applicable subheading for as PTFE Fine Non Free Flow (NFF) powder resin with a dimension of 0.2mm (200 microns) and PTFE Granular Free Flow (FF) powder resin with a dimension of 0.5-0.8mm (500-800 microns) will be subheading 3904.61.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Polymers of vinyl chloride or of other halogenated olefins, in primary forms Fluoropolymers: Polytetrafluoroethylene (PTFE): Granular, whether or not filled or compounded (see statistical note 2 to this chapter). The rate of duty will be 5.8% ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
Polytetrafluoroethylene (PTFE) from Italy may be subject to anti-dumping duties administered by the United States Department of Commerce, Import Administration. You may contact them at 14th St. and Constitution Ave. NW, Washington, DC 20230, at telephone (202) 482-3148, or by visiting their website at www.IA.ITA.DOC.GOV.
This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their website at www.epa.gov.
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 entry documents filed at the time merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Frank Cantone at (646) 733-3038.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division