Mr. David Verkaik
J. M. Rodgers Co., Inc.
1975 Linden Boulevard
Elmont, NY 11003
RE: The tariff classification of Supragil MNS-88 (CAS-68425-94-5) resin powder from various countries.
Dear Mr. Verkaik:
In your letter dated November 2, 2009 on behalf of your client, Rhodia, Inc., you requested a tariff classification ruling. You provided a Product Data Sheet and CAS Number for our review.
Supragil MNS-88 is a condensed methyl naphthalene sulfonate sodium salt in powder form used as a dispersing agent and binder in wettable powders, concentrated suspensions and water dispersible granules designed for treatment of soil contaminated with pesticidal residue or other deleterious organic compounds such as lubricating oil.
The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation of the HTSUS. While not legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings at the international level. See T.D. 89-80, 54 Fed. Reg. 35127 (Aug. 23, 1989). The EN to heading 3911, HTSUS, is applicable to your product and provides for: Petroleum resins, coumarone-indene resins, polyterpenes, polysulfides, polysulfones and other products specified in note 3 to this chapter, not elsewhere specified or included, in primary forms. Note 3 (c) provides for: Other synthetic polymers with an average of at least 5 monomer units.
The applicable subheading for Supragil MNS 88 will be 3911.90.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Petroleum resins, coumarone-indene resins, polyterpenes, polysulfides, polysulfones and other products specified in note 3 to this chapter, not elsewhere specified or included, in primary forms: Other: Containing monomer units which are aromatic or modified aromatic, or which are obtained, derived or manufactured in whole or in part therefrom: Thermoplastic: Other. The rate of duty will be 6.1% ad valorem.
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. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460, by calling the TSCA Assistance Line at (202) 554-1404, by Fax at (202) 554-5603, by e-mail to: [email protected] or by visiting their website at www.epa.gov.
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 World Wide Web at http://www.usitc.gov/tata/hts/.
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 Frank Cantone at (646) 733-3038.
Robert B. Swierupski
National Commodity Specialist Division