CLA-2-29:OT:RR:NC:N3:140
Ms. Maureen Elizabeth Thorson
Wiley Rein LLP
1776 K Street NW
Washington, DC 20006
RE: The tariff classification of three organic photoinitiator chemicals from China
Dear Ms. Thorson:
In your letter dated June 12, 2019, written on behalf of RadTech International North America, you requested a tariff classification ruling.
We assume for purposes of this ruling that all of the products under consideration are imported in pure form, meeting the terms of HTSUS Chapter 29 Note 1.
You provided the following information on the chemical products under review:
Item 1
The first chemical is Ethyl phenyl(2,4,6-trimethybonzoyl)phosphinate. Also known as TPO-L, this chemical is a liquid photoinitiator for pigmented UV-curable coatings and printing inks. The CAS number for the chemical is 84434-11-7. The molecular formula for TPO-L is C18H21O3P.
RadTech indicates in its letter, that it believes this chemical is likely classifiable in HTSUS provision 2931.39.9018. We note that appears to be a typographical error as no such breakout exists. Based on the chemical structure provided, the product appears to be an other organo-phosphorous derivative of Heading 2931.
Item 2
The second chemical is a mixture of the 2- and 4- isomers of Isopropyl-9H-thioxanthen-9-one. Also known as ITX, this chemical is used as a photoinitiator for UV-curable inks, coatings, and adhesives. The CAS number for ITX is 75081-21-9. The molecular formula for ITX is C16H14OS. RadTech believes that ITX is likely classifiable in HTSUS provision 2934.99.3900.
Item 3
The third and final chemical is 2,4-diethyl-9H-thioxanthen-9-one, also known as DETX. It is used as a photoinitiator for UV-curable inks, coatings, and adhesives. The CAS number for DETX is 82799-44-8. The molecular formula for DETX is C17H16OS. RadTech believes that DETX is likely classifiable in HTSUS provision 2934.99.3900.
The applicable subheading for the Ethyl phenyl(2,4,6-trimethybonzoyl)phosphinate will be 2931.39.0018, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Other organo-inorganic compounds: Other organo-phosphorous derivatives:Other: Other: The rate of duty will be 3.7 percent ad valorem.
The applicable subheading for the 2- and 4- isomers of Isopropyl-9H-thioxanthen-9-one will be 2934.99.3900, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds: Other: Other: Aromatic or modified aromatic: Other: Other: Products described in additional U.S. note 3 to section VI. The rate of duty will be 6.5 percent ad valorem.
The applicable subheading for the 2,4-diethyl-9H-thioxanthen-9-one will be 2934.99.3900, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds: Other: Other: Aromatic or modified aromatic: Other: Other: Products described in additional U.S. note 3 to section VI. 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 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 Paul.Hodgkiss.cbp.dhs.gov.
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division