Mr. Stephen Huang
OEC Logistics, Inc.
OEC Group New York
1 Cross Island Plaza
133-33 Brookville Boulevard, Suite 306
Rosedale, NY 11422
RE: The tariff classification of talc and polypropylene pellets from China.
Dear Mr. Huang:
In your letter dated February 6, 2018, you requested a tariff classification ruling on behalf of your client, Ecopax, LLC.
The merchandise under consideration is referred to as Talc-Filled Polypropylene Pellets. Samples were submitted with your ruling request and will be returned to you.
The Talc-Filled Polypropylene Pellets measure approximately 3 milimeters long by 2 milimeters wide by 2 milimeters high. From the information you provided, they are comprised of natural talc mixed with polypropylene resin. This mixture is melted, extruded into strands, and cut into pellets. After importation, the pellets will be melted down and shaped into food containers. You state that the pellets measure 70 percent by weight of talc and 30 percent by weight of polypropylene resin upon importation.
In your ruling request you suggest classification of the Talc-Filled Polypropylene Pellets in Chapter 39, Harmonized Tariff Schedule of the United States (HTSUS) as plastics and articles thereof. However, the bulk of this product is the talc component with the polypropylene as a secondary component. As such, this product is not a polymer in Chapter 39, HTSUS.
Alternatively, you suggest classification of the Talc-Filled Polypropylene Pellets in 2526.10.0000, HTSUS, as talc is which not crushed or powdered. However, Note 1 to Chapter 25 states, in pertinent part, that the headings of this chapter does not cover “products which have been roasted, calcined, obtained by mixing or subjected to processing beyond that mentioned in each heading.” As the talc is mixed with polypropylene resin, classification in Chapter 25 is precluded.
The Talc-Filled Polypropylene Pellets are a composite good comprised of different materials that are classifiable in different headings. Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRIs) taken in order. GRI 3(b) of the HTSUS provides, in relevant part, that composite goods which cannot be classified by reference to GRI 3(a) shall be classified as if they consisted of the material or component which gives them their essential character. The talc component provides the essential character of this item.
The applicable subheading for the Filled Polypropylene Pellets will be 6815.99.2000, HTSUS, which provides for “Articles of stone or other mineral substances…not elsewhere specified or included: Other articles: Other: Talc, steatite and soapstone, cut or sawed, or in blanks, crayons, cubes, disks or other forms.” The general rate of duty will be Free.
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 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 Nicole Sullivan at [email protected].
Steven A. Mack
National Commodity Specialist Division