CLA-2-28:OT:RR:NC:2:236

Bill Krutz
Seko Logistics
801 Lunt Avenue
Elk Grove Village, IL 60007

RE: The tariff classification of sodium hexametaphosphate from China

Dear Mr. Krutz:

In your ruling request received September 16, 2015, on behalf of your client, Larpen Supply Company, you requested a tariff classification ruling on sodium hexametaphosphate.

You have indicated that the product at issue is most commonly used as a food additive and also used in the refining process of copper wire production. Your submission states that the molecular formula for sodium hexametaphosphate is (NaPO3)6. Your suggested classification of 2835.29.40 has been reviewed and found to be incorrect. We have determined that sodium hexametaphosphate is properly classified as a polyphosphate.

The applicable subheading for sodium hexametaphosphate will be 2835.39.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Phosphinates (hypophosphites), phosphonates (phosphites) and phosphates; polyphosphates, whether or not chemically defined: Polyphosphates: Other: Other. The general rate of duty will be 3.7 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