CLA-2-39:OT:RR:NC:N1:137
Amy Lauziere
A.N. Deringer, Inc.
173 West Service Road
Champlain, New York 12919
RE: The tariff classification of a cross-linked polyethylene copolymer from Mexico
Dear Ms. Lauziere:
In your letter dated August 12, 2022, you requested a tariff classification ruling, on behalf of your client, Champlain Cable Corporation.
The product under consideration is XLPE T4 H-S. It is a copolymer composed primarily of cross-linked polyethylene with flame retardant additives and other fillers. It will be imported in pellet form. You state that it will be used for the extrusion of insulation for automotive wiring.
In accordance with Note 4 to Chapter 39, Harmonized Tariff Schedule of the United States (HTSUS), the expression “copolymers” covers polymers in which no single monomer contributes 95 percent or more by weight to the total polymer content. Further copolymers are to be classified in the heading covering polymers of the comonomer unit which predominates by weight over every other comonomer unit. XLPE T4 H-S qualifies as a copolymer and polyethylene is the predominant monomer, therefore the product will be classified as a copolymer of ethylene.
The applicable subheading for the XLPE T4 H-S, a cross-linked polyethylene copolymer, will be 3901.90.5501, HTSUS, which provides for polymers of ethylene, in primary forms: other: other: ethylene copolymers. The general 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 Christina Allen at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division