CLA-2-38:OT:RR:NC:2:239
Mr. William Wratschko
Customs Clearance International, Inc.
880 Apollo St., #334
El Segundo, CA 90245
RE: The tariff classification of R422D Refrigerant Gas from China
Dear Mr. Wratschko:
In your letter dated August 5, 2009, on behalf of your client The Furnace Company, you requested a tariff classification ruling for R422D Refrigerant Gas which is composed of R125 (1,1,1,2,2-Pentafluoroethane), R132A (1,1,1,2-Tetrafluoroethane), and R600A (Isobutane).
The applicable subheading will be 3824.78.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Mixtures containing halogenated derivatives of methane, ethane or propane: Containing perfluorocarbons (PFCs) or hydrofluorocarbons (HFCs), but not containing chlorofluorocarbons (CFCs) or hydrochlorofluorocarbons (HCFCs). The rate of duty will be 3.7 percent ad valorem.
In your letter you suggest classification in subheading 2903.39.2005, HTSUS, which provides for Halogenated derivatives of hydrocarbons: Fluorinated, brominated or iodinated derivatives of acyclic hydrocarbons: Other: Other: Fluorinated hydrocarbons: 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-prop-1-ene. As a general rule, products of Chapter 29 are restricted to separate chemically defined chemical compounds subject to the provisions of Note 1 to the chapter. R422D is a chemical mixture containing hydrofluorocarbons (HFCs) and, therefore properly classified in subheading 3824.78.0000, HTSUS.
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 merchandise may also be subject to the Toxic Substances Control Act (TSCA), which is regulated by the U.S. Environmental Protection Agency (EPA). The TSCA Assistance Information Service (TSCA Hotline) provides both general and technical information on TSCA regulations. Services are provided to industry, labor and trade organizations, environmental groups, and the general public. The TSCA Assistance Information Service can be reached by phone at (202) 554-1404, or by accessing the following website: www.epa.gov/epahome/hotline.htm.
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