CLA-2-36:OT:RR:NC:N2:237
Edith Folta
International Freight Analyst
Dyno Nobel America
660 Hopmeadow Street
Simsbury, CT 06070-2006
RE: The tariff classification of explosive based detonating cords from various countries.
Dear Ms. Folta:
In your letter dated January 29, 2010 you requested a tariff classification ruling. You provided Technical Information and Material Safety Data Sheets for our review.
The products are described as detonating cord consisting of woven textile with a protective explosive core of pentaerythritol tetranitrate (PETN), cyclotrimethylene trinitramine (RDX), cyclotetramethylene trinitramine (HMX), or hexanitrostilbene (HNS) powder and covered by a white or colored plastic or textile jacket for use in mining, construction and seismic exploration.
The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation of the HTSUS. While not legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings at the international level. See T.D. 89-80, 54 Fed. Reg. 35127 (Aug. 23, 1989). The EN to heading 28.03 excludes: (d) Artificial graphite; colloidal or semi-colloidal graphite (e.g., heading 38.01). Therefore, the EN to heading 36.03 (A) is applicable to your products and provides: Detonating fuses serve to transmit one or more detonations, and generally comprise a core of pentrite or other explosive in a waterproofed covering of textile material or plastics (flexible fuses) or in a sheath of lead or tin (leaded or tinned fuses). In certain cases the explosive charge is placed, in a thin layer only, on the inner surface of a tube of plastics. They are most frequently used in mines and quarries and on civil engineering sites.
The applicable subheading for the explosive based detonating cords will be 3603.00.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Safety fuses or detonating fuses. The rate of duty will be 3 percent ad valorem.
Additional requirements may be imposed on this product by the Bureau of Alcohol, Tobacco and Firearms (BATF). You may contact the BATF at:
Bureau of Alcohol, Tobacco and Firearms
Explosives Industry Branch
650 Massachusetts Avenue N.W., Room 5000
Washington, D.C. 20226
Telephone number 202-927-8394
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
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 Frank Cantone at (646) 733-3038.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division