Ms. Diane Lewis
The Lewis Chemical Company
430 Lavender Drive
Rome GA, 30165
RE: The tariff classification of certain Tertiary Amine and Quaternary Ammonium Compounds from China
Dear Ms. Lewis:
In your letter dated May 10, 2020, you requested a tariff classification ruling.
You indicated that The Lewis Chemical Company is seeking to import tertiary amines for use as raw materials in the production of surfactants. Additionally, you may import quaternary ammonium compounds derived from tertiary amine compounds. You asked for a classification ruling on the products noted below.
N,N-Dimethyldodecylamine, CAS# 112-18-5
Didecylmethylamine, CAS# 7396-58-9
N-decyl-N,N-dimethyl-1-Decanaminium chloride, CAS# 7173-51-5
Quaternary ammonium compounds, benzyl-C12-16-alkyldimethyl, chlorides, CAS# 68424-85-1
The applicable subheading for the N,N-Dimethyldodecylamine, CAS# 112-18-5, and the
Didecylmethylamine, CAS# 7396-58-9 will be 2921.19.6190, Harmonized Tariff Schedule of the United States (HTSUS), which provides for"Amine-function compounds: Acyclic monoamines and their derivatives; salts thereof: Other: Other: Other: Other." The rate of duty will be 6.5 percent ad valorem.
The applicable subheading for the N-decyl-N,N-dimethyl-1-Decanaminium chloride, CAS# 7173-51-5 will be 2923.90.0100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Quaternary ammonium salts and hydroxides; lecithins and other phosphoaminolipids, whether or not chemically defined: Other." The rate of duty will be 6.2 percent.
Item number 4 appears to be a quaternary ammonium compound with varying carbon chain lengths. We need additional information to provide a Tariff classification for: "Quaternary ammonium compounds, benzyl-C12-16-alkyldimethyl, chlorides, CAS# 68424-85-1."
Please provide the following information.
. Is the product imported in specific carbon chain lengths, or is it imported in mixtures of varying chain lengths? That is, is the product imported as individual Benzyl-C12 alkyldimethyl, chlorides or Benzyl-C13 alkyldimethyl, chlorides or Benzyl-C14 alkyldimethyl, chlorides etc?
. Is it imported as mixtures of varying length benzyl-C12-16 alkyldimethyl, chlorides, mixed together?
Please note that you will need to open a new ruling request for that product if you decide to resubmit a request for that compound.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 2921.19.6190 HTSUS, and 2923.90.0100, unless specifically excluded, are subject to an 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 2921.19.6190, or 2923.90.0100 HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively.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