CLA-2-29:OT:RR:NC:N3:140
Ms. Dina Donnelly
Aceto Corporation
4 Tri Harbor Court
Port Washington, NY 11050
RE: The tariff classification of 4-(phenylthio)benzaldehyde (CAS # 1208-88-4) and P-(phenylthio)benzyl alcohol (CAS # 6317-56-2) from China
Dear Ms. Donnelly:
In your letter dated November 02, 2018, you requested a tariff classification ruling.
The subject products are two separate organic chemical compounds. They will will be imported in bulk form, from China. The two organic chemicals subject to this ruling request are as follows:
Item 1
4-(phenylthio)benzaldehyde (CAS # 1208-88-4)
Item 2
P-(phenylthio)benzyl alcohol (CAS # 6317-56-2)
Both of the products listed above contain aromatic organic chemical structures. Both compounds also contain sulfur in the structure. They are considered other Organo-sulfur compounds for tariff classification purposes.
The applicable subheading for the 4-(phenylthio)benzaldehyde (CAS # 1208-88-4), and the P-(phenylthio)benzyl alcohol (CAS # 6317-56-2) will be 2930.90.2900, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Organo-sulfur compounds: Other: Aromatic: Other: Other. The rate of duty will be 6.5 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 2930.90.2900, 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 2930.90.2900, 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.
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.
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 [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division