CLA-2-39:OT:RR:NC:N2:237
Mr. Robert Basinski
CooperVision, Inc.
370 Woodcliff Drive
Fairport, New York 14450
RE: The tariff classification of FMM Macromer liquid silicone solution from Japan.
Dear Mr. Basinski:
In your letter dated November 22, 2011 you requested a tariff classification. You provided the a chemical formula, chemical structure, average number of repeating monomer units, average molecular weight and MSDS sheets for our review.
FMM Macromer is described as a liquid monomer solution used in the manufacture of contact lenses. Based on the chemical formula, the product contains in the molecule more than one silicon-oxygen-silicon linkage and organic groups connected to the silicon atoms by direct silicon-carbon bonds. The average number of repeating monomer units is greater than five. The product is shipped frozen in plastic bottles, packed inside cardboard boxes. Upon receipt, the product is thawed to liquid form, injected into a two part mold, then placed in specially designed ovens until the liquid is cure/hardened (further polymerized) to produce a dry contact lens.
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). EN to Chapter 39.10 Silicones provides: The silicones of this heading are non-chemically defined products containing in the molecule more than one silicon-oxygen-silicon linkage, and containing organic groups connected to the silicon atoms by direct silicon-carbon bonds. Based on your chemical structure, FMM Macromer contains in the molecule more than one silicon-oxygen-silicon linkage and organic groups connected to the silicon atoms by direct silicon-carbon bonds. The average number of repeating monomer units is greater than five.
The applicable subheading for FMM Macromer liquid silicone solution will be 3910.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other Silicones, in primary forms. The rate of duty will be 3% 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