CLA-2-39:OT:RR:NC:N2:237
Mr. Eric Cheng
H & C Industries
1311 Crenshaw Blvd.
Torrance, CA 90501
RE: The tariff classification of Sunsorb LS 944 polymer in granular form from Taiwan.
Dear Mr. Cheng:
In your letter dated August 1, 2011 you requested a tariff classification ruling. You provided a Production Flow Chart, Technical Data and MSDS sheets for our review.
Sunsorb LS 944 (CAS-71878-19-8), consisting of Poly((6-((1,1,3,3-tetramethylbutyl)amino)-1,3,5-triazine-2,4-diyl)((2,2,6,6-tetramethyl-4-piperidinyl)imino)-1,6-hexanediyl((2,2,6,6-tetramethyl-4-piperidinyl)imino)), is a thermoplastic polymer containing monomer units partially derived from an aromatic source. Imported in granular form, it is used as an ultraviolet-light stabilizer for plastics.
Chapter 39 Note 3. is relevant to your product and in pertinent part provides: Headings 3901 to 3911 apply to goods of a kind produced by chemical synthesis, falling in the following categories: (c) Other synthetic polymers with an average of at least five monomer units. Based on the MSDS, the product has an average of five repeating monomer units.
The applicable subheading for Sunsorb LS 944 (CAS-71878-19-8) polymer in granular form will be 3911.90.2500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: "Petroleum resins, ... and other products specified in note 3 to this chapter, not elsewhere specified or included, in primary forms: Other: Other: Containing monomer units which are aromatic or modified aromatic, or which are obtained, derived or manufactured in whole or in part therefrom: Thermoplastic: Other." The rate of duty will be 6.1 percent ad valorem.
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 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.
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 Frank Cantone at (646) 733-3038.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division