CLA-2-29:OT:RR:NC:N3:140

Mr. Richard Kloostra
Momentive Performance Materials Inc.
260 Hudson River Road
Waterford, NY 12188

RE: The tariff classification of SF1173 (D4) and SF1202 (D5) from China

Dear Mr. Kloostra:

In your letter dated January 09, 2019, you requested a tariff classification ruling.

The subject chemical products are as follows:

SF1202 (D5) (CAS # 541-02-6) Decamethylcyclopentasiloxane SF1173 (D4) (CAS # 556-67-2) Octamethylcyclotetrasiloxane

You provided specification sheets for both products. Upon our request, you provided an updated sheet showing percentages of main ingredients along with corrected percentages of other compounds indicated to be impurities. You indicated that these other ingredients are impurities left over from chemical and purification processes. Both products are indicated to be greater than 99 percent of the main ingredient. SF1202 (D5) is used as an input in a wide variety of applications including personal car (color, cosmetics, shampoo, deodorants etc.). SF1173 (D4) is indicated to be used in a wide range of applications such as fiber optic cable, polishes, and fluid and polymer applications. They will both be imported in bulk (tanks, drums, or full-container-load).

The applicable subheading for both the SF1202 (D5) (CAS # 541-02-6) Decamethylcyclopentasiloxane, and the SF1173 (D4) (CAS # 556-67-2) Octamethylcyclotetrasiloxane will be 2931.90.9010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other organo-inorganic compounds: Other: Other: Organo-silicon compounds: The rate of duty will be 3.7 percent ad valorem.

Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in 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 2931.90.9010, 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 subheading 2931.90.9010, 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.

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 merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.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