CLA-2-29:OT:RR:NC:N3:140

Mr. Richard Rodrigues
Amsyn, LLC.
1 Tara Blvd Suite 401
Nashua, NH 03062

RE: The tariff classification of meta-Nitrobenzoic Acid, para-Nitrobenzoic Acid, Magnesium Chloride Anhydrous, Potassium Citrate Monohydrate, and p-Benzoquinone from China

Dear Mr. Rodrigues:

In your letter dated May 09, 2019, you requested a tariff classification ruling.

The subject products are:

meta-Nitrobenzoic acid (CAS No. 121-92-6) para-Nitrobenzoic acid (CAS No. 62-23-7) Magnesium chloride, anhydrous (CAS No. 7786-30-3) Potassium citrate, monohydrate, (CAS No. 6100-05-6) p-Benzoquinone (CAS No. 106-51-4)

meta-Nitrobenzoic acid (CAS No. 121-92-6) has a chemical formula of C7H5NO4. It is used as a chemical intermediate in dyestuff. There are no other additives present.

para-Nitrobenzoic acid (CAS No. 62-23-7) has a chemical formula of C7H5NO4. It is used as a chemical intermediate in dyestuff. There are no additives present.

Magnesium chloride, anhydrous (CAS No. 7786-30-3) has a chemical formula of MgCl2. It is used in laboratory chemicals, and synthesis of chemical substances. There are no additives present. It is an inorganic compound consisting of one magnesium and two chloride ions. The compound is also used in medicine as a source of magnesium ions.

Potassium citrate, monohydrate (CAS No. 6100-05-6) has a chemical formula of K3C6H5O7.H20. It is used in technical applications such as buffering, sequestering or emulsifying chemical agents. No other additives are present.

p-Benzoquinone (CAS No. 106-51-4) has a chemical formula of C6H402. It is used as a chemical intermediate in synthesis of laboratory chemicals and the manufacture of other chemical substances. There are no other additives present.

The applicable subheading for the meta Nitrobenzoic acid (CAS# 121-92-6), and the para Nitrobenzoic acid (CAS No. 62-23-7)) will be 2916.39.7900, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Unsaturated acyclic monocarboxylic acids, cyclic monocarboxylic acids, their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulfonated, nitrated or nitrosated derivatives: aromatic monocarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives: other: other: other: other. The rate of duty will be 6.5 percent ad valorem.

The applicable subheading for Magnesium chloride, anhydrous (CAS # 7786-30-3) will be 2827.31.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Chlorides, chloride oxides and chloride hydroxides; bromides and bromide oxides; iodides and iodide oxides: Other chlorides: Of magnesium. The general rate of duty will be 1.5 percent ad valorem.

The applicable subheading for the Potassium citrate, monohydrate, (CAS No. 6100-05-6) will be 2918.15.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Carboxylic acids with additional oxygen function and their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulfonated, nitrated or nitrosated derivatives: Carboxylic acids with alcohol function but without other oxygen function, their anhydrides, halides, peroxides, peroxyacids and their derivatives: Salts and esters of citric acid: Other.” The rate of duty will be 3.7% ad valorem.

The applicable subheading for the p-Benzoquinone, (CAS No. 106-51-4) will be 2914.69.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for ketones and quinones, whether or not with other oxygen function, and their halogenated, sulfonated, nitrated, or nitrosated derivatives: other. The rate of duty will be 5.5 percent ad valorem.

Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). See also “Notice of Action and Request for Public Comment Concerning Proposed Determination of Action Pursuant to Section 301: China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation” (June 20, 2018, 83 F.R. 28710). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings.

Products of China classified under subheading 2918.15.5000, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty.  At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 2918.15.5000, HTSUS, listed above.

Products of China classified under subheading 2827.31.0000, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty.  At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 2827.31.0000, HTSUS, listed above.

The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.

The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.

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 the 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 Paul Hodgkiss at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division