CLA-2-39:OT:RR:NC:N2:237
J. W. Brown
DHL Drawback Services
22210 Highland Knolls Drive
Katy, Texas 77450
RE: Tariff classification of polyamide-4,6 glass reinforced black pellets from the Netherlands.
Dear Mr. Brown:
In your letter dated November 27, 2013, to the Tariff Classification and Marking Branch on behalf of DSM Engineering Plastics, you requested a tariff classification ruling. You provided descriptive literature, chemical formulas, chemical structures and resin samples for our review.
Polyamide-4,6 [HN(CH2)4NH.OC(CH2)4CO]n with 10 carbon atoms is made by condensation polymerization of diaminobutane [H2N(CH2)4NH2] and adipic acid [HO2C(CH2)4CO2H].
PA-4,6 is similar to PA-6,6 [HN(CH2)6NH.OC(CH2)4CO]n with 12 carbon atoms in that both are made from a diamine and diacid. The difference is the diamine for PA-4,6 is diaminobutane [H2N(CH2)4NH2] and the diamine for PA-6,6 is hexamethylenediamine [H2N(CH2)6NH2].
Heading 3908 provides for polyamides. Subheading Note 1 (a) (1) states: The designation in a subheading of a polymer by the prefix "poly" (e.g., polyamide-6,6) means the constituent monomer unit or monomer units of the named polymer taken together must contribute 95% or more by weight of the total polymer content. Because PA-4,6 is not one of the named polymers, it must be classified elsewhere within the heading. Note 1 (a) (4) provides: Polymers not meeting (1), (2), or (3), above, are to be classified in the subheading, among the remaining subheadings in the series, covering polymers of that monomer unit which predominates by weight…
The subheading for polyamide-4,6 glass reinforced black pellets will be 3908.90.7000, HTSUS, for: Polyamides in primary forms: Other: Other. 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., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, 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 (646) 733-3038.
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division