CLA-2-38:OT:RR:E:NC:N2:235
Mr. Gene McCoy
Borealis Compounds LLC
176 Thomas Road
Port Murray, NJ 07865
RE: The tariff classification of various catalytic preparations from Europe and the United States
Dear Mr. McCoy:
In your letter dated December 09, 2008, on behalf of Borealis Compounds LLC, you requested a tariff classification ruling.
You submitted a total of eight products to be ruled upon by this office but four of these products do not have sufficient information and will not be a subject of this ruling. Two of the products submitted were rulings issued from the Finnish Customs for Ambicat LE 4472 and Ambicat LE 4476 and the other two products, LE-4431 and Le-4438, no documentation was submitted on these products. Therefore, we will only be issuing a ruling for the other four products as listed below.
1)VisicoTM LE4432
Ingredients: Dibutyltin Dilaurate (CAS # 77-58-7)
Polyethylene
Carbon Black (CAS # 1333-86-4)
2)VisicoTM LE4437
Ingredients: Dibutyltin Dilaurate (CAS # 77-58-7)
Polyethylene
Zinc Stearate (CAS # 557-05-1)
3)VisicoTM LE4462
Ingredients: Black Pearls 6100
Chimassorb 944
Fomrez Sul-4g (CAS # 77-58-7)
Hexadecyltrimethyoxysilane (CAS # 16415-12-6)
Polyethylene (CAS # 9002-88-4)
Tetrakis Methylene (3,5,-Di(terto-Butyl-4-Hydroxyhydrocinnamate)
Methane (CAS # 6683-19-8)
4)VisicoTM LE4438
Ingredients: Dioctyltin dilaurate (CAS # 3648-18-8)
6,6'-Di-tert-butyl-4,4'-thiodi-m-cresol (CAS # 96-69-5)
2',3-Bis[[3-[3,5-di-tert-butyl-4-hydroxyphenyl]propionyl]]
Propionohydrazide (CAS # 32687-78-8)
The applicable subheading for VisicoTM LE4432, LE4437, LE4438 and LE4462 as indicated above will be 3815.90.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Reaction initiators, reaction accelerators and catalytic preparations, not elsewhere specified or included: Other: Other.” The rate of duty will be 5 percent ad valorem.
Regarding the four products LE-4431, Le-4438, LE-4472 and LE-4476 for which you stated that the Finnish Customs ruled upon, it is not the United States Customs and Border Protection’s (CBP) policy to classify based on foreign issued rulings. You may submit documentation to obtain a Binding Ruling for those products from CBP. In addition, Customs and Border Protection rulings apply to prospective importations into the United States. If these products are to be exported we would suggest that you obtain a classification ruling from the Foreign Customs Service in the country to which the product is being exported.
These products appear to be used in conjunction with a corresponding polymer base material. If these products are imported together with those base materials, they may then constitute a set for classification purposes and these rulings will not apply. For purposes of this binding ruling it is assumed that the master batches indicated above are imported without the corresponding base material indicated in the technical data sheets provided with your request.
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 World Wide Web at http://www.usitc.gov/tata/hts/.
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 (646) 733-3046.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division