CLA-2-27:OT:RR:NC:N1:237
Mr. Eduardo A. Medina
OMG Logistics, LLC
1560 N. Industrial Park Drive, Suite B
Nogales, Arizona 85621
RE: Tariff classification of odorized liquefied commercial propane gas from various countries
Dear Mr. Medina:
In your letter dated March 18, 2016 you requested a tariff classification ruling.
The product is described as an odorized liquefied commercial propane gas consisting of 87.5-100% propane, 0-7% ethane, 0-5% propylene, 0-2.5% butane and 0-50 ppm ethyl mercaptan (odoriferous substance added as a safety measure to indicate leaks) imported for end use as a household fuel.
In understanding the language of the HTSUS, the Harmonized Commodity Description and Coding System Explanatory Notes (ENs) may be utilized. While neither 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 27.11 states, in pertinent part: This heading covers crude gaseous hydrocarbons obtained as natural gases or from petroleum, or produced chemically [e.g., methane made from coal synthesis gas]. Methane and propane are, however, included even when pure. They may be presented under pressure as liquids in metal containers and are often treated, as a safety measure, by the addition of small quantities of highly odoriferous substances to indicate leaks.
The applicable subheading for odorized liquefied commercial propane gas with purity of 90-100 liquid volume percent will be 2711.12.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Petroleum gases and other gaseous hydrocarbons: Liquefied: Propane: Propane with a minimum purity of 90 liquid volume percent. The duty rate will be free.
The applicable subheading for odorized liquefied commercial propane gas with purity of 87.5-89 liquid volume percent will be 2711.12.0020, HTSUS, which provides for: Petroleum gases and other gaseous hydrocarbons: Liquefied: Propane: Other. The duty rate will be free.
Your product may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U. S. Environmental Protection Agency at 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460. Information on the TSCA can be obtained by calling the TSCA Assistance Line at (202) 554-1404 or by e-mail to: [email protected].
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 [email protected].
Sincerely,
Deborah C. Marinucci
Acting Director
National Commodity Specialist Division