CLA-2-29:OT:RR:NC:2:240

Mr. Bruno F. Romano
EuroCargo
154-09 146 Avenue
Jamaica, NY 11434

RE: The tariff classification of KINOX-26, (CAS No. 26741-53-7), KINOX-68 (CAS No. 31570-04-4), HILITE-62 (CAS No. 65447-77-0), HILITE-81 (CAS No. 1843-05-6) and HILITE-94 (CAS No. 71878-19-8), from India

Dear Mr. Romano:

In your letter dated June 1, 2009, you requested a tariff classification ruling on behalf of your client High Polymers Lab Inc.

KINOX-26, CAS No. 26741-53-7, also known as Phosphorous acid, cyclic neopentanetetrayl bis(2,4-di-tert-butylphenyl) ester, and KINOX-68, CAS No. 31570-04-4, also known as Phenol, 2,4-bis(1,1-dimethylethyl)-, phosphite (3:1) are aromatic esters of an inorganic acid. KINOX-26 and KINOX-68 are high performance based process stabilizer antioxidants.

HILITE-62, CAS No. 65447-77-0, also known as Butanedioic acid, dimethyl ester, polymer with 4-hydroxy-2,2,6,6-tetramethyl-1-piperidineethanol, is a polyester in primary form.

HILITE-94, CAS No. 71878-19-8, also known as 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 heterocyclic compound with an unfused triazine ring.

HILITE-62 and HILITE-94 are hindered amine light stabilizers (HALS) for use in various polymers as ultraviolet light stabilizers.

HILITE-81, CAS No. 1843-05-6, also known as Octabenzone, is an aromatic ketone with an additional oxygen function. HILITE-81 is an ultraviolet light absorber (UVA) used in a wide range of applications in various polymers.

The applicable subheading for HILITE-81 will be 2914.50.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Ketones and quinones, whether or not with other oxygen function, and their halogenated, sulfonated, nitrated or nitrosated derivatives: Ketone-phenols and ketones with other oxygen function: Aromatic: Other. The rate of duty will be 5.5 percent ad valorem. Pursuant to General Note 13 to the Harmonized Tariff Schedule, this product will be free of duty.

The applicable subheading for KINOX-26 and KINOX-68 will be 2920.90.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Esters of other inorganic acids of nonmetals (excluding esters of hydrogen halides) and their salts; their halogenated, sulfonated, nitrated or nitrosated derivatives: Other: Aromatic: Other. The rate of duty will be 6.5 percent ad valorem.

The applicable subheading for HILITE-94 will be 2933.69.6030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Heterocyclic compounds with nitrogen hetero-atom(s) only: Compounds containing an unfused triazine ring (whether or not hydrogenated) in the structure: Other: Other: Products used principally for rubber processing. The rate of duty will be 3.5 percent ad valorem.

The applicable subheading for HILITE-62 will be 3907.99.0150, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Polyacetals, other polyethers and epoxide resins, in primary forms; polycarbonates, alkyd resins, polyallyl esters and other polyesters in primary forms: Other polyesters: Other: Other. The rate of duty will be 6.5 percent ad valorem. HILITE-62 is eligible for temporary duty suspension under subheading 9902.10.47 which provides for Butanedioic acid, dimethyl ester, polymer with 4-hydroxy-2,2,6,6,-tetramethyl-1-peridineethanol (CAS No. 65447–77–0).

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 Stephanie Joseph at (646) 733-3268.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division