CLA-2-36:OT:RR:NC:N3:135
Mr. Boxuan Jin
Bicoastal Boosters, LLC
19803 Avenida Deseo
Walnut, CA 91789
RE: The tariff classification of an explosive mixture from China
Dear Mr. Jin:
In your letter dated December 13, 2019, you requested a tariff classification ruling.
The product under consideration is a mixture of 50 percent trinitrotoluene (TNT) (CAS No. 118-96-7) and 50 percent cyclotrimethylenetrinitramine (RDX) (CAS No. 121-82-4) obtained from decommissioned munitions. It will be imported in boxes and used in manufacturing mining service equipment, including perforating guns, seismic charges, detonating cords, and cast boosters.
The applicable subheading for the explosive mixture will be 3602.00.0060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “[p]repared explosives, other than propellant powders: [o]ther.” The general rate of duty will be free.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 3602.00.0060, HTSUS, unless specifically excluded, are subject to an additional 15 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 3602.00.0060, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
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 merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency (EPA). Information on the TSCA can be obtained by contacting the EPA at Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W., Washington, D.C., 20460, by calling the Toxic Substances Control Act Hotline at (202) 554-1404, by e-mailing to [email protected], or by visiting their website at www.epa.gov.
Additional requirements may be imposed on this product by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). You may contact the ATF by visiting their website at https://www.atf.gov/contact or https://www.atf.gov/contact/licensing-and-other-services.
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 Fei Chen at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division