Mr. Mark K. Smith
ECEM USA, Inc.
75 S. Riverside Ave., Suite E
Croton on Hudson, NY 10520
RE: The tariff classification of Diethylaminoethyl Methacrylate (DEAEMA) from China
Dear Mr. Smith:
In your letter dated November 01, 2018, you requested a tariff classification ruling.
The product that you wish to import is called Diethylaminoethyl Methacrylate (DEAEMA) (CAS # 105-16-8). You indicate that it contains as the main ingredient (DEAEMA) at 98% minimum. All other constituents present are impurities with the exception of MEHQ (CAS 150-76-5 at approx. 750 ppm.) You indicate that MEHQ is only added as an inhibitor. The imported bulk chemical will be used as a monomer to make water soluble polymers or other polymer products. Our research indicates that DEAEMA is a clear colorless liquid. It may polymerize exothermically if heated or contaminated. If polymerization takes place inside a closed container, the container may rupture violently. Further, we find that the added MEHQ is used as a polymerization inhibitor. The MEHQ is a necessary addition for safety or transport and is an allowable ingredient per the HTSUS, Chapter 29 Note 1.
The applicable subheading for the Diethylaminoethyl Methacrylate (DEAEMA) will be 2922.19.9690, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Oxygen-function amino-compounds:Amino-alcohols, other than those containing more than one kind of oxygen function, their ethers and esters; salts thereof: Other…Other.” The rate of duty will be 6.5 percent 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., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, 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 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.
Steven A. Mack
National Commodity Specialist Division