CLA-2-34:OT:RR:NC:2:136
Ms. Mollie D. Sitkowski
Drinker Biddle & Reath, LLP
191 N. Wacker Drive, Suite 3700
Chicago, IL 60606-1698
RE: The tariff classification of “Sunbright ME-200HS” from Japan
Dear Ms. Sitkowski:
In your ruling request dated May 31, 2018, on behalf of your client, BioMarin Pharmaceutical, Inc., you requested a classification ruling on “Sunbright ME-200HS.”
Your submission indicates that in addition to the above mentioned trade name, the product at issue is known as activated polyethylene glycol PEG powder. This product is a raw material used by your client in manufacturing an active pharmaceutical ingredient. You argue that Chapter Note 5 to Chapter 34, Harmonized Tariff Schedule of the United States (HTSUS), does not preclude “Sunbright ME-200HS” from classification in heading 3404. You state “The imported PEG is a chemically-produced organic product of a waxy character. It is not described by headings 1516, 1521, 2712, 3402, or 3823, nor is it a wax mixed with, dispersed in, or dissolved in a liquid medium.”
The applicable subheading for “Sunbright ME-200HS” will be 3404.20.0000, HTSUS, which provides for Artificial waxes and prepared waxes: Of poly(oxyethylene) (polyethylene glycol). The general rate of duty will be free.
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 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 Nuccio Fera at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division