CLA-2-29:OT:RR:NC:2:240
Mr. Robert Feineis
NNR Global Logistics USA Inc.
345 Richert Road
Wood Dale, IL 60191
RE: The tariff classification of Triclosan, C.A.S. No. 3380-34-5 from Canada
Dear Feineis:
In your letter dated July 6, 2009, you requested a tariff classification ruling on behalf of your client Rita Corporation.
Triclosan, C.A.S. No. 3380-34-5, chemically known as 5-Chloro-2(2,4-dichlorophenoxy)phenol, is a halogenated ether-phenol used as a pharmaceutical intermediate.
You note that Triclosan was the subject of NY ruling G88079. Triclosan was classified in subheading 2909.50.4500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Ether-phenols, ether-alcohol-phenols and their halogenated, sulfonated, nitrated or nitrosated derivatives: Other: Other: Products described in additional U.S. note 3 to section VI. You contend, however, that Triclosan is properly classified in subheading 2909.50.5000, HTSUS, which provides for Ether-phenols, ether-alcohol-phenols and their halogenated, sulfonated, nitrated or nitrosated derivatives: Other: Other. Products classifiable in subheading 2909.50.5000, HTSUS, are listed in the Chemical Appendix to the Tariff Schedule. You state that Triclosan is listed in the Pharmaceutical Appendix to the Tariff Schedule, and therefore, is also listed in the Chemical Appendix to the Tariff Schedule.
The Chemical Appendix to the Tariff Schedule enumerates those chemicals which the President had determined had been imported into the U.S. before January 1, 1978, or produced in the U.S. before May 1, 1978. The Note adds that the chemicals are listed by C.A.S. registry number or, if a number is not available, by their common name. In other words, an attempt was made to list chemicals deemed competitive in 1978.
Additional U.S. Note 3, Section VI, HTSUS, states that the term "products described in additional U.S. note 3 to section VI" refers to any product not listed in the Chemical Abstract Appendix to the Tariff Schedule and (a) For which the importer furnishes the C.A.S. registry number and certifies that such registry is not listed in the Chemical Appendix to the Tariff Schedule; or (b) Which the importer certifies not to have a C.A.S. number and not to be listed in the Chemical Appendix to the Tariff Schedule, either under the name used to make Customs entry or under any other name by which it may be known.
C.A.S. No. 3380-34-5, the registry number assigned to 5-Chloro-2-(2,4-dichlorophenoxy)phenol, also known as Triclosan, is not listed in the Chemical Appendix to the Tariff Schedule, and therefore, cannot be classified in subheading 2909.50.5000, HTSUS.
You are correct in your assertion that Triclosan is listed in the Pharmaceutical Appendix to the Tariff Schedule. The Pharmaceutical Appendix to the Tariff Schedule was incorporated into the HTSUS by Presidential Proclamation. See Proclamation No. 6763, 60 Fed. Reg. 1007 (1994). This Proclamation also added General Note 13 to the HTSUS. General Note 13, HTSUS, states the following:
[W]henever a rate of duty of "Free" followed by the symbol "K" in parentheses appears in the "Special" subcolumn for a heading or subheading, any product (by whatever name known) classifiable in such provision which is a product of a country eligible for tariff treatment under column 1 shall be entered free of duty, provided that such product is included in the pharmaceutical appendix to the tariff schedule. Products in the pharmaceutical appendix include the salts, esters and hydrates of the International Non-proprietary Name (INN) products enumerated in table 1 of the appendix that contain in their names any of the prefixes or suffixes listed in table 2 of the appendix, provides that any such salt, ester or hydrate is classifiable in the same 6-digit tariff provision as the relevant product enumerated in table 1.
The Chemical Appendix to the Tariff Schedule and the Pharmaceutical Appendix to the Tariff Schedule are not interchangeable, but rather are two separate appendices. The Pharmaceutical Appendix to the Tariff Schedule is not part of the Chemical Appendix to the Tariff Schedule. Triclosan is listed in Table 1 of the Pharmaceutical Appendix to the Tariff Schedule, and therefore, qualifies for the provisions set forth in General Note 13 to the HTSUS.
The applicable subheading for Triclosan will be 2909.50.4500, HTSUS, which provides for Ether-phenols, ether-alcohol-phenols and their halogenated, sulfonated, nitrated or nitrosated derivatives: Other: Other: Products described in additional U.S. note 3 to section VI. Pursuant to General Note 13 to the Harmonized Tariff Schedule of the United States, Triclosan will be free of duty.
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