CLA-2-36:OT:RR:NC:N2:237
Mr. Michel Chammas
Pipe Recovery Systems, Inc.
1462 Brittmoore Road
Houston, Texas 77043
RE: The tariff classification for ammonium perchlorate based propelling sticks from the United States.
Dear Mr. Chammas:
In your letter dated December 23, 2008 you requested a tariff classification ruling.
Propelling Sticks consist of propellent powders in the form of solid grey colored cylindrical grains composed of ammonium perchlorate, polyvinyl chloride plastisol, oxamide, and carbon. The product is used to generate gas pressure in oilfield equipment. Propelling Sticks are manufactured under a general part number TP-J-3006 for Pipe Recovery Systems. The company will purchase and market the product in various diameters and lengths under the following part numbers and descriptions: 211200-000 Propellant F (11/16 to 15/16”D); 216200-000 Propellant F (1 to 1-1/4”D); 222200-008 Propellant 8”L (1-3/8 to 4-9/16”D); 222200-014 Propellant 14”L (1-3/8 to 4-9/16”D); 222200-016 Propellant 16”L (1-3/8 to 4-9/16”D); 288200-000 Propellant F (5-1/2 to 7-1/2”D). The product will be packed in inner packaging (bags, static shielded or velostat, each containing one extruded cylindrical grain, intermediate packaging (divider, fiberboard, 5 x 5 array with not more than six non-adjacent inner packagings) and outer packaging (fiberboard box, each containing one intermediate packaging).
In your letter you suggest classification in subheading 3602.00.0030, HTSUS, which provides for prepared explosives, other than propellent powders: dynamite and other high explosives, put up in cartridges, sticks or other forms, suitable for blasting. Explanatory Note (EN) 36.02 to the HTSUS provides for mixtures of chemical substances the combustion of which produces a more violent reaction than that produced by propellent powders. Combustion produces an extremely large release of gas at high temperature, creating an enormous pressure within a very short period. Phlegmatising agents are often added to these products to reduce their sensitivity to shock or friction. Based on your description, the product is designed to simply generate pressure in oilfield equipment and contains reducing agents including an opacifier (carbon) which ensure that the heat generated does not cause an explosive detonation. Your product is a composite propellent powder consisting of ammonium perchlorate (propellent), polyvinyl chloride plastisol (binding agent), oxamide (reducing agent) and carbon (reducing agent). EN 36.01 provides for propellent powders the combustion of which produces a large volume of hot gases. These powders may be in the form of sticks, tubes, discs, flakes or grains. EN 36.01 (b) provides for composite propellent powders composed of a substance supporting combustion (for example: ammonium perchlorate, ammonium nitrate, etc.) and a reducing agent (for example: synthetic rubber, etc.), and possibly a further metallic reducing agent (for example: aluminum, etc). Heading 3601, HTSUS, provides for propellent powders.
The applicable subheading for the ammonium perchlorate based propelling sticks will be subheading 3601.00.0000, HTSUS, which provides for: propellent powders. The rate of duty will be 6.5% 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/.
Additional requirements may be imposed on this product by the Bureau of Alcohol, Tobacco and Firearms (ATF). You may contact the ATF at:
Bureau of Alcohol, Tobacco and Firearms
Explosives Industry Branch
650 Massachusetts Avenue N.W., Room 5000
Washington, D.C. 20226
Telephone number 202-927-2310 or 202-927-8163
and
Bureau of Alcohol, Tobacco and Firearms
Explosives Licensing Center
2600 Century Parkway N.E., Suite 400
Atlanta, Georgia 30345
Telephone number: 404-417-2750
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 Frank Cantone at (646) 733-3038.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division