CLA-1-38:OT:RR:NC:N1:139

Richard Salamone
BASF Corporation
100 Park Avenue
Florham Park, NJ 07932

RE: The tariff classification of Foamaster® MO 2140 and FoamStar® ST 2410 from Mexico

Dear Mr. Salamone:

In your letter dated November 8, 2018, you requested a tariff classification ruling for two products, Foamaster® MO 2140 and FoamStar® ST 2410.

The use of the two defoamers suppresses and destroys foam and its negative effects prior to and during application of a coating. By removing or inhibiting air bubbles they are important process aids throughout the paint production as well as the application process.

Foamaster® MO 2140 is a defoamer based upon paraffinic mineral oil.  It is effective in paints using associative thickeners and is a blend of paraffinic mineral oils with active defoaming agents.  The additives are the active defoaming agents. This product is used as a defoaming agent and is marketed as such by BASF.

FoamStar® ST 2410 is a defoamer based upon a blend of paraffinic mineral oils with active defoaming agents.  The additives are the active defoaming agents.  It is used as a defoamer in low VOC emulsion paints.  This product is used as a defoaming agent and is marketed as such by BASF. 

The applicable subheading for FoamStar® ST 2410 will be 3824.99.4800, Harmonized Tariff Schedule of the United States (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: Other: Mixtures that are in whole or in part of hydrocarbons derived in whole or in part from petroleum, shale oil or natural gas. The rate of duty will be 6.5 percent ad valorem.

The applicable subheading for FoamStar® ST 2410 will be 3824.99.4800, Harmonized Tariff Schedule of the United States (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: Other: Mixtures that are in whole or in part of hydrocarbons derived in whole or in part from petroleum, shale oil or natural gas. The rate of duty will be 6.5 percent 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 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