CLA-2-39:OT:RR:E:NC:N2:237

Mr. Max Turnipseed
MCT International
4263 Broussard Street
P.O. Box 66302
Baton, Rouge, LA 70896-6302

RE: The tariff classification of a halogenated aliphatic polyether polyol reactive flame retardant (CAS-70535-99-8) from France.

Dear Mr. Turnipseed:

In your letter dated June 22, 2010, on behalf of Cellular Technology International Inc., you requested a tariff classification ruling. You provided a sample, CAS number, Product Data Sheets and MSDS sheets for CBP laboratory analysis.

IXOL B-251 is described as a halogenated (brominated) aliphatic polyether polyol reactive flame retardant (CAS-70535-99-8). The product consists of >/= 93.5% 2-butyne-1,4-diol, polymer with (chloromethyl)oxirane, brominated, dehydrochlorinated, methoxylated (CAS-68441-62-3) and 6.5% triethyl phosphate (CAS-78-40-0). The product will be used in processing rigid polyurethane spray foam insulation. The product will be imported as a dark brown viscous liquid in 300 kilogram net drums.

Based on CBP Laboratory Report #NY20101091 dated 10/22/10: The sample Solvay IXOL B-251, a dark viscous liquid, consists of other polyether, in primary form.

The applicable subheading for IXOL B-251 halogenated aliphatic polyether polyol reactive flame retardant (CAS-70535-99-8) will be 3907.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Other polyethers. The rate of duty will be 6.5% ad valorem.

This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U. S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460, by calling the TSCA Assistance Line at (202) 554-1404, by Fax at (202) 554-5603, by e-mail to: [email protected] or by visiting their website at www.epa.gov.

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