CLA-2-34:OT:RR:NC:2:236
Ms. Andrea Abraham
Meeks, Sheppard, Leo & Pillsbury
1735 Post Road, Suite 4
Fairfield, Ct 06824
RE: The tariff classification of “AlphaPlus C24-28” and “AlphaPlus C20-24” from an undisclosed country of origin
Dear Ms. Abraham:
In your ruling request received June 13, 2014, on behalf of your client, Chevron Phillips Chemical Company, you requested a tariff classification ruling on “AlphaPlus C24-28” and “AlphaPlus C20-24.”
In your submission you describe “AlphaPlus C24-28” and “AlphaPlus C20-24” as alpha-olefins. You state that the two products at issue are waxy solid mixtures of olefins, which consist of various alkenes (eicosene, docosene, tetracosene, hexacosene, octadecene). You have indicated that the uses of alpha olefin waxes include polyethylene comonomers, plasticizers, synthetic motor oils, lubricants, automotive additives, surfactants, paper sizing, and in a wide range of specialty applications.
The applicable subheading for “AlphaPlus C24-28” will be 3404.90.5150, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Artificial waxes and prepared waxes: Other: Other: Other. The general rate of duty will be free.
The “C20-24” alpha olefin hydrocarbon mixture with a boiling point range of 342-390C (648-734F) does not meet the definition for “light oils” in subheading 2710.12, HTSUS. Subheading note 4 provides: For the purposes of subheading 2710.12, “light oils and preparations” are those of which 90 percent or more by volume (including losses) distill at 210C (ASTM D 86 method). Therefore, the product must be classified elsewhere within chapter 27.
The applicable subheading for the “C20-24” alpha olefin hydrocarbon mixture with a boiling point range of 342-390C (648-734F), if it contains by weight not over 50% of any single C20-24 hydrocarbon isomer, would be 2710.19.4590, HTSUS, which provides for other mixtures of hydrocarbons not elsewhere specified or included, which contain by weight not over 50 percent of any single hydrocarbon compound. The general rate of duty is 10.5 cents per barrel.
The applicable subheading for the “C20-24” alpha olefin hydrocarbon mixture with a boiling point range of 342-390C (648-734F), if it contains by weight over 50% of any single C20-24 hydrocarbon isomer, would be 2710.19.9000, HTSUS, which provides for other mixtures of hydrocarbons not elsewhere specified or included, which contain by weight over 50 percent of any single hydrocarbon compound. The general rate of duty is 7 percent 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., 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 Nuccio Fera at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division