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

Mr. Bruno F. Romano
EuroCargo
154-09 146 Avenue
Jamaica, NY 11434

RE: The tariff classification of KINOX®-10/KINOX®-10G (CAS No. 6683-19-8), KINOX®-24 (CAS No. 32687-78-8), KINOX®-76/KINOX®-76G (CAS No. 2082-79-3), KINOX®-98/KINOX®-98G (CAS No. 23128-74-7), HILITE-77 (CAS No. 52829-07-9), SONGNOX™ 1010 (CAS No. 6683-19-8), SONGNOX® 1024 (CAS No. 32687-78-8), SONGNOX™ 1076 (CAS No. 2082-79-3), and SONGNOX® 1098 (CAS No. 23128-74-7) from India

Dear Mr. Romano:

In your letter dated June 1, 2009, you requested a tariff classification ruling on behalf of your client High Polymers Lab Inc.

KINOX®-10/KINOX®-10G and SONGNOX™ 1010 are identical chemical compounds with the same CAS No. 6683-19-8. The compounds are known chemically as Benzenepropanoic acid, 3,5-bis(1,1-dimethylethyl)-4-hydroxy-, 2,2-bis[[3-[3,5-bis(1,1-dimethylethyl)-4-hydroxyphenyl]-1-oxopropoxy]methyl]-1,3-propanediyl ester, which is an ester of a carboxylic acid with an additional oxygen function (phenol). KINOX®-10/KINOX®-10G and SONGNOX™ 1010 are used as high performance phenolic antioxidants for stabilization of polymers.

KINOX®-24 and SONGNOX® 1024 are identical chemical compounds with the same CAS No. 32687-78-8. The compounds are known chemically as Benzenepropanoic acid, 3,5-bis(1,1-dimethylethyl)-4-hydroxy-, 2-[3-[3,5-bis(1,1-dimethylethyl)-4-hydroxyphenyl]-1-oxopropyl]hydrazide which is an organic derivative of hydrazine. KINOX-24 and SONGNOX® 1024 are used as high performance stabilizers and efficient metal deactivators for organic polymers.

KINOX®-76/KINOX®-76G and SONGNOX™ 1076 are identical chemical compounds with the same CAS No. 2082-79-3. The compounds are known chemically as Benzenepropanoic acid, 3,5-bis(1,1-dimethylethyl)-4-hydroxy-, octadecyl ester, which is an ester of a carboxylic acid with an additional oxygen function (phenol). The two compounds are used as high performance phenolic antioxidants for stabilization of polymers.

KINOX®-98/KINOX®-98G and SONGNOX® 1098 are identical chemical compounds with the same CAS No. 23128-74-7. The two compounds are known chemically as N,N-Hexane-1,6-diylbis(3-(3,5-di-tert-butyl-4-hydroxyphenylpropionamide)), which is an aromatic cyclic amide derivative. Both products are used as high performance sterically hindered phenolic antioxidants for stabilization of polymers.

HILITE-77, CAS No. 52829-07-9, known chemically as Di-(2,2,6,6-tetramethyl-4-hydroxy-piperidine)sebacate, is a heterocyclic compound containing an unfused pyridine ring. HILITE-77 is used in various applications which require light stabilization of polymers.

The applicable subheading for KINOX®-10/KINOX®-10G, KINOX®-76/KINOX®-76G, SONGNOX™1010, and SONGNOX™1076 will be 2918.29.7500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Carboxylic acids with phenol function but without other oxygen function, their anhydrides halides, peroxides, peroxyacids and their derivatives: Other: Other. The rate of duty will be 6.5 percent ad valorem.

The applicable subheading for KINOX®-98/KINOX®-98G and SONGNOX®1098 will be 2924.29.3100, HTSUS, which provides for Cyclic amides (including cyclic carbamates) and their derivatives; salts thereof: Other: Aromatic: N,N’-Hexamethylenebis(3,5-di-tert-butyl-4-hydroxyhydrocinnamamide). The rate of duty will be 5.8 percent ad valorem. KINOX-98 and SONGNOX® 1098 are eligible for temporary duty suspension under subheading 9902.24.23, HTSUS, which provides for N,N-Hexane-1,6-diylbis(3-(3,5-di-tert-butyl-4-hydroxyphenylpropionamide)) (CAS No. 23128-74-7).

The applicable subheading for KINOX®-24 and SONGNOX®1024 will be 2928.00.2500, HTSUS, which provides for Organic derivatives of hydrazine or of hydroxylamine: Other: Aromatic. The rate of duty will be 6.5 percent ad valorem.

The applicable subheading for HILITE-77 will be 2933.39.2000, HTSUS, which provides for Compounds containing an unfused pyridine ring (whether or not hydrogenated) in the structure: Other: Di-(2,2,6,6-tetramethyl-4-hydroxy-piperidine)sebacate. The rate of duty will be 5.8 percent 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/.

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