CLA-2-29:OT:RR:NC:N3:140
Ms. Sabrina Robazza
Sumitomo Rubber USA, LLC
10 Sheridan Drive,
Tonawanda, NY 14150
RE: The tariff classification of Bis[3-(Triethoxysilyl)Propyl]Disulfide from China
Dear Ms. Robazza:
In your letter dated March 11, 2019, you requested a tariff classification ruling. The materials that you provided were sent to our laboratory for review. That review is now complete. Our determination on the classification of the merchandise is as follows. We apologize for the delay.
The subject product is called Bis[3-(Triethoxysilyl)Propyl]Disulfide (CAS #: 56706-10-6).
You indicated that it contains: Bis[3-(Triethoxysilyl)Propyl]Disulfide (90 %) with related Silanes (S4 - S8) making up the balance of the product. Our laboratory review indicates that the Silanes are impurities, left over from the chemical reaction, which are allowable based on HTSUS Chapter 29 Note 1.
Bis[3-(Triethoxysilyl)Propyl]Disulfide also known as Triethoxy-[3-(3-triethoxysilylpropyl disulfanyl)propyl]silane is used as chemical intermediate in tire and rubber manufacturing and as a coupling or cross linking agent. The product is a separate chemically defined organic compound containing the following functional groups: organo-silane, disulfide.
The applicable subheading for the Bis[3-(Triethoxysilyl)Propyl]Disulfide will be 2930.90.9130, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Organo-sulfur compounds: Other: Other: Other: Other: Other: Other: Products used principally for rubber processing. The rate of duty will be 3.7 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 2930.90.9130, HTSUS, 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 2930.90.9130, 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 [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division