CLA-2-29:OT:RR:NC:2:239
Mr. Stephen P. Mandracchia
Hudson Technologies Company
P.O. Box 1541
One Blue Hill Plaza
Pearl River, NY 10990
RE: The tariff classification and country of origin marking on refrigerants from China
Dear Mr. Mandracchia:
In your letter dated September 28, 2009, you requested a tariff classification and country of origin marking ruling on two refrigerants, Pentafluoroethane, also known as HFC-125, CAS No. 354-33-6, and Difluoromethane, also known as HFC-32, CAS No. 75-10-4.
Pentafluoroethane and Difluoromethane are fluorinated derivatives of acyclic hydrocarbons. The products are indicated for use as refrigerants in residential commercial and/or industrial air conditioning and refrigeration systems. Pentafluoroethane and Difluoromethane, which are products of China, will be imported into the U.S. in bulk quantities of approximately 15,000 kilograms per container.
The applicable subheading for Pentafluoroethane and Difluoromethane will be 2903.39.2030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Halogenated derivatives of hydrocarbons: Fluorinated, brominated or iodinated derivatives of acyclic hydrocarbons: Other: Other: Fluorinated hydrocarbons: Other. The rate of duty will be 3.7 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/.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.
With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.
Applying the Marking Rules set forth in section 304 of the Tariff Act of 1930, as amended, and section 134 of the Customs Regulations, we find that Pentafluoroethane and Difluoromethane described above are goods of China for marking purposes. The container or containers in which the industry user receives the refrigerants must be legibly, conspicuously, and permanently marked to show China as the country of origin.
This merchandise may 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