1 West Ave
Larchmont NY 10538
RE: The tariff classification of AWP1-Precision, AWFC1-Fast Charge, AWCS1-Cold Seal, and AWHM1-High Mileage Aerosol Blends from China
Dear Mr. Carrubba:
In your letter dated June 17, 2019, you requested a tariff classification ruling.
The instant products identified are aerosol cans containing chemical blends to seal leaks in automotive air conditioning systems and imported for retail sale. The products are made and assembled in China.
The product, AWP1-Precision, is a blend of R134a (94.7%), PAG Oil (2.6%), Methylene Chloride (1.6%), and Cyclo Hexanone (1.1%). The product also includes a hose assembly and guage.
The product, AWFC1-Fast Charge, is a blend of R134a (93%), PAG Oil (3%), Methylene Chloride (2%), and Cyclo Hexanone (2%). The product also includes a hose assembly.
The product, AWCS1-Cold Seal, is a blend of R134a (93%), PAG Oil (2%), and Cyclo Hexanone (5%).
The product, AWHM1-High Mileage, is a blend of R134a (93%), PAG Oil (5%), Methylene Chloride (1%), and Cyclo Hexanone (1%).
The applicable subheading for AWP1-Precision, AWFC1-Fast Charge, AWCS1-Cold Seal, and AWHM1-High Mileage will be 3824.78.0050, HTSUS, which provides for: Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Mixtures containing halogenated derivatives of methane, ethane or propane: Containing perfluorocarbons (PFCs) or hydrofluorocarbons (HFCs) but not containing chlorofluorocarbons (s) or hydrochlorofluorocarbons (HCFCs) Other. The rate of duty will be 3.7%.
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, HTSUS, unless specifically excluded, are subject to the additional 25 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 3824.78.0050, 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.
The merchandise in question 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 Patrick Day at email@example.com.
Steven A. Mack
National Commodity Specialist Division