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

Mr. Andrew B. Rogers
3V Sigma USA Inc.
888 Woodstock Street
Georgetown, SC 29440

RE: The tariff classification of Dimethyl sebacate (CAS# 106-79-6) from China

Dear Mr. Rogers:

In your letter dated September 19, 2019, you requested a tariff classification ruling.

The subject product is called Dimethyl sebacate (CAS# 106-79-6). It is also known as sebacic acid dimethyl ester.

The applicable subheading for the Dimethyl sebacate (CAS# 106-79-6) will be 2917.13.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: "Acyclic polycarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives: Azelaic acid, sebacic acid, their salts and esters: Other." The rate of duty will be 4.8 percent ad valorem.

Effective July 6, 2018, the Office of the United States Trade Representative 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(f), HTSUS. For additional information see “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 9903.88.03 and classified in one of the subheadings enumerated in U.S. note 20(f) 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 subheading 9903.88.03.

Products of China classified under subheading 2917.13.0090, 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 2917.13.0090, 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. This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov.This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

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