CLA-2-38:OT:RR:NC:N2:239
Mr. Jital Kamdar
Quality Chemicals LLC
8115 Loop 540
Beasley, TX 77417
RE: The tariff classification of Encapsulated Breaker - Polymer Coated Persulfates from India
Dear Mr. Kamdar:
In your letter postmarked August 12, 2015, you submitted supplemental information for a tariff classification ruling.
The subject product is encapsulated (polymer coated) Ammonium Persulfate in which the Ammonium Persulfate is slowly released into the fracturing fluid allowing its break to be delayed till after the proppant is placed. This product is used in the hydraulic fracturing process.
You state that the subject product may be classified in the Harmonized Tariff Schedule of the United States (HTSUS), in subheading 2931.90.9050, which provides for: Other organo-inorganic compounds: Other: Other: Other. However, as the instant product is a mixture and not a separately identifiable compound, it would not be classified in this provision.
Further, you state that the subject product may be classified in HTSUS subheading 3824.79.1000 which provides for: Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: mixtures containing halogenated derivatives of methane, ethane or propane: chlorinated but not otherwise halogenated. However, based on the information provided, the subject product does not contain halogenated derivatives of methane, ethane or propane: chlorinated but not otherwise halogenated.
You also state that the subject project may be classified in HTSUS subheading 3824.90.2800, which provides for: Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included; residual products of the chemical or allied industries, not elsewhere specified or included: Other: Other: Mixtures containing 5 percent or more by weight of one or more aromatic or modified aromatic substances: Other. Based on the information provided, the subject product does not contain 5 percent or more by weight of one or more aromatic or modified aromatic substances.
The applicable subheading for the Encapsulated Breaker - Polymer Coated Ammonium Persulfate will be HTSUS subheading 3824.90.9290, which provides for: Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other. The rate of duty will be 5% ad valorem.
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 Patrick Day at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division