Mr. Rich Rodrigues
1 Tara Blvd Suite 401
Nashua, NH 03062
RE: The tariff classification of 4,4'-Methylenebis (2,6-DI-tert-butylphenol) (CAS No. 118-82-1) and 3-nitroaniline (CAS No. 99-09-2) from China
Dear Mr. Rich Rodrigues:
In your letter dated 12/19/2018, you requested a tariff classification ruling on two chemical products. You provided the following information for each product.
4,4'-Methylenebis(2,6-DI-tert-butylphenol) ( CAS No.118-82-1). Other chemical names: Bimo x M; Binox M; Ionox 220; Antioxidant E 702. Molecular Formula: C29H44O2. Single chemical reaction, no solvents or additives present. It is used in lubricants and lubricant additives.
3-nitroaniline (CAS No. 99-09-2). Molecular Formula: C6H6N2O2. Single chemical reaction, no solvents or additives present. It is used as a dye intermediate.
The applicable subheading for 4,4'-Methylenebis(2,6-DI-tert-butylphenol) will be 2907.29.9000 Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Polyphenols; phenol-alcohols: Other. The rate of duty will be 5.5 percent ad valorem.
The applicable HTS subheading for 3-nitroaniline will be 2921.42.1800 Harmonized Tariff Schedule of the United States (HTS), which provides for amine function compounds:aromatic monoamines and their derivatives; salts thereof: aniline derivatives and their salts: m- Nitroaniline. The duty rate will be 5.8 percent ad valorem.
Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings.
Products of China classified under subheading 2907.29.9000; HTSUS, unless specifically excluded, are subject to the additional 10 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheadings 2907.29.9000, HTSUS, listed above.
The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.
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