CLA-2-29:OT:RR:NC:N1:140

Mr. Youssef Elberry
America’s Auto Parts Inc
1200 Florida Avenue, NE
Washington, DC 20002

RE: The tariff classification of Air Conditioning (AC) Refrigerants from China

Dear Mr. Elberry:

In your letter dated May 17, 2018, you requested a tariff classification ruling.

The three items that you are requesting a binding ruling on are indicated to be as follows:

Item 1 R134a (Freon) is stated to be used in automotive cars. It is also known as 1,1,1,2-Tetrafluoroethane (CAS # 811-97-2), and (HFC-134a).

Item 2 R404 (Freon) is indicated to be used on homes AC units. No other information was provided for this product. Our research indicates that it may be a mixture of several different chemical compounds.

Item 3 HFO-1234yf (Freon) is indicated to be used on newer automotive cars. Our research shows it is also known as 2,3,3,3-Tetrafluoropropene (CAS# 754-12-1).

Images that you provided show each of the above products in metal containers with a valve or other mechanism for dispersal of the product.

The applicable subheading for the will be R134a - 1,1,1,2-Tetrafluoroethane (CAS # 811-97-2) will be 2903.39.2020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Halogenated derivatives of hydrocarbons: Fluorinated, brominated or iodinated derivatives of acyclic hydrocarbons: Other: Other: Fluorinated hydrocarbons: 1,1,1,2-Tetrafluoroethane (HFC-134a). The rate of duty will be 3.7 percent ad valorem.

The applicable subheading for the HFO-1234yf (Freon) will be 2903.39.2045, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Fluorinated, brominated or iodinated derivatives of acyclic hydrocarbons: Other: Other: Fluorinated hydrocarbons:Other: The rate of duty will be 3.7 percent.

Your request does not provide sufficient information for us to classify the R404 (Freon). If you decide to resubmit a ruling request for that product please provide a complete chemical breakdown by percentage weight, with CAS #’s for each chemical compound present in the product.

The merchandise for which you requested a classification ruling may be subject to antidumping duties or countervailing duties (AD/CVD). Written decisions regarding the scope of AD/CVD orders are issued by the Enforcement and Compliance office in the International Trade Administration of the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection (CBP). You can contact them at http://trade.gov/enforcement/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and Countervailing Duty” under “Popular Topics” at the top of the screen), and you can search AD/CVD deposit and liquidation messages using CBP’s AD/CVD Search tool at http://addcvd.cbp.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 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 Paul.Hodgkiss@cbp.dhs.gov.

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division