CLA-2-29:OT:RR:NC:2:239

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

RE: The tariff classification of KINOX®-30/KINOX®-30G, CAS No. 1709-70-2, KINOX® 34/ KINOX® 34G, CAS No. 27676-62-6, KINOX®-DS, CAS No. 693-36-7, KINOX®-DL, CAS No. 123-28-4, KINOX®-6, CAS No. 96-69-5, HILITE®-B91/HILITE®-B91G and HILITE®-B83/HILITE®-B83G from India

Dear Mr. Romano:

In your letter dated July 7, 2009, you requested a tariff classification ruling on behalf of your client High Polymers Labs Inc.

KINOX®-30/KINOX®-30G are identical chemical compounds with the same CAS No. 1709-70-2. The compounds are chemically known as Phenol, 4,4', 4''-[(2,4,6-trimethyl-1,3,5-benzenetriyl)tris(methylene)]tris[2,6-bis(1,1-dimethyethyl)-, which is a polyphenol. KINOX®-30/KINOX®-30G, packed in 25 kg. boxes, are high performance phenolic primary antioxidants for stabilization of polymers.

KINOX®-34/KINOX®-34G are identical chemical compounds with the same CAS No. 27676-62-6. The compounds are chemically known as 1,3,5-Triazine-2,4,6(1H,3H,5H)-trione, 1,3,5-tris[[3,5-bis(1,1-dimethylethyl)-4-hydroxyphenyl]methyl]-, which is a heterocyclic compound containing an unfused triazine ring in the structure. KINOX® 34/KINOX®-34G, packed in 20/25 kg. boxes, are high performance phenolic primary antioxidants used to stabilize polymers.

KINOX®-DS, also known as Propanoic acid, 3,3'-thiobis-, dioctadecyl ester, and KINOX®-DL, also known as Propanoic acid, 3,3'-thiobis-, didodecyl ester, are nonaromatic organo-sulfur compounds. Both products, packed in 20/25 kg. boxes, are indicated for use as heat stabilizers and used in conjunction with phenolic antioxidants for polymers.

KINOX®-6, also known as 6,6'-Di-tert-butyl-4,4'-thiodi-m-cresol, is an aromatic organo-sulfur compound. The product, packed in 25 kg boxes, is used for the stabilization of cross-linked polyethylene wire and cable resins.

The applicable subheading for KINOX®-30/KINOX®-30G will be 2907.29.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Polyphenols; phenol-alcohols: Other. The rate of duty will be 5.5 percent ad valorem.    

The applicable subheading for KINOX®-34/KINOX®-34G will be 2933.69.6050, HTSUS, 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: Other. The rate of duty will be 3.5 percent ad valorem.

Articles classifiable under subheading 2933.69.6050, HTSUS, 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”.

The applicable subheading for KINOX®-DS and KINOX®-DL will be 2930.90.9190, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Organo-sulfur compounds: Other. The rate of duty will be 3.7 percent ad valorem.

Articles classifiable under subheading 2930.90.9190, HTSUS, 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”.

The applicable subheading for KINOX®-6 will be 2930.90.2900, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Organo-sulfur compounds: Other: Aromatic: Other: Other. The rate of duty will be 6.5 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/.

A classification ruling regarding HILITE®-B91/HILITE®-B91G and HILITE®-B83/HILITE®-B83G cannot be issued at this time. Please provide the complete chemical breakdown by percentage by weight of each component totaling 100% for both products and please indicate if the products are master batches.

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 Richard Dunkel at 646-733-3032.


Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division