CLA-2-32:OT:RR:NC:N3:136
Mayur Khara
Automark Industries (India) Pvt. Ltd
Lotus Court, Nagpur
Nagpur 440012
India
RE: The tariff classification of a Colorant Preparation from India
Dear Mr. Khara:
In your letter dated February 22, 2025, you requested a tariff classification ruling on a Colorant Preparation.
In your submission, the subject product is described as a ready-mix raw material used in the production of
thermoplastic road striping material. The product is manufactured by mixing dry condition modified rosin
ester (Proprietary), titanium dioxide (CAS # 13463-67-7), polyethylene wax (CAS # 9002-88-4-100), and
ethylene vinyl acetate (EVA) (CAS # 24937-78-8), in proportions suitable for the preparation of
thermoplastic road striping materials.
You indicate that the main component of the subject product is rosin ester and suggest classification in
subheading 3806.90.00, Harmonized Tariff Schedule of the United States (HTSUS), which provides for
“[r]osin and resin acids, and derivatives thereof; rosin spirit and rosin oils; run gums: [o]ther.” We disagree,
because the subject product is a mixture of modified rosin ester and other ingredients, intended for specific
use. The subject product is not described in heading 3806, HTSUS. Based on the ingredient composition and
use, it will be classified elsewhere.
The applicable subheading for the Colorant Preparation will be 3204.19.5000, HTSUS, which provides for
Synthetic organic coloring matter, whether or not chemically defined; preparations as specified in note 3 to
this chapter based on synthetic organic coloring matter; synthetic organic products of a kind used as
fluorescent brightening agents or as luminophores, whether or not chemically defined: Synthetic organic
coloring matter and preparations based thereon as specified in note 3 to this chapter: Other: Other: Other. The
general rate of duty will be 6.5 percent ad valorem.
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 at https://hts.usitc.gov/.
The holding set forth above applies only to the specific factual situation and merchandise description as
identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations
(CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the
information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and
complete in every material respect. In the event that the facts are modified in any way, or if the goods do not
conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and
Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.
Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic
verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection
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, please contact
National Import Specialist Nuccio Fera at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division