CLA-2-38:OT:RR:E:NC:2:239

Mr. Jerry E. Grayson
Alconix USA, Inc.
32100 Solon Road, Suite 102
Cleveland, Ohio 44139

RE: The tariff classification of a Solar Controlling Additive from China

Dear Mr. Grayson:

In your letter dated February 13, 2009, you requested a tariff classification ruling for a solar controlling additive you describe as KHDS-872G2M, which you have stated will be used in PMMA (Polymethyl methylacrylate) sheets to absorb infrared light.

KHDS-872G2M, composed of Lantanum hexaboride, Zirconium dioxide, and organic dispersing agents diluted in 80% Methyl methacrylate, is a chemical mixture composed of organic and inorganic compounds and polymers.

In your letter you suggest classification under 2916.14.2020, HTSUS which provides for Esters of methacrylic acid: Other: Other. As a general rule, this Chapter is restricted to separate chemically defined compounds, subject to the provisions of Note 1 to the Chapter. A product composed of substances deliberately added together during or after its manufacture (including purification) are excluded from Chapter 29.

The applicable subheading will be 3824.90.9290, Harmonized Tariff Schedule of the United States (HTSUS), which provides for prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: other. The rate of duty will be 5 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 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 Richard Dunkel at 646-733-3032.


Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division