CLA-2-38:OT:RR:NC:N1:239
Angel Suarez
ICL Performance Products LP
622 Emerson Road
Suite 500
St. Louis, MO 63141
RE: The Classification of JOHA® BT 1
Dear Mr. Suarez:
In your letter dated March 8, 2017, you requested a tariff classification ruling for JOHA® BT 1.
JOHA® BT 1, is a blend of Sodium Polyphosphate (CAS 50813-16-6) and Potassium Polyphosphate (CAS 7790-53-6). The product is used for the manufacture of block processed cheese and processed cheese slices. In your letter, you suggest subheading 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. We disagree. The product at issue is a chemical mixture and is excluded from Chapter 28, Note 1, HTSUS.
The applicable subheading will be 3824.99.3900, HTSUS, 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: Mixtures of two or more inorganic compounds: Other. The rate of duty will be free.
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 https://hts.usitc.gov/current.
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,
Steven A. Mack
Director
National Commodity Specialist Division