CLA-2-39:OT:RR:NC:N2:237
Dina M. Donnelly
Director of International Transportation
Aceto Corporation
One Hollow Lane
Lake Success, NY 11042
RE: The tariff classification of Amberlyst 15 (CAS-9037-24-5) from China.
Dear Ms. Donnelly:
In your letter dated December 30, 2009 you requested a tariff classification ruling for Amberlyst 15. You provided a CAS number, (CAS-9037-24-5) for ion-exchangers.
The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation of the HTSUS. While not legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings at the international level. See T.D. 89-80, 54 Fed. Reg. 35127 (Aug. 23, 1989). The EN to Chapter 3914 is applicable to your products and provides for: ion-exchangers based on polymers of heading 3901 to 3913, in primary forms: Other. The most common ion-exchangers are chemically modified styrene-divinylbenzene copolymers, acrylic polymers or phenolic resins containing active ionic groups usually sulphonic, carboxylic, phenolic or amino groups.
Based on the CAS number you provided, CAS-9037-24-5 that applies to ion-exchangers, the applicable subheading for the Amberlyst 15 will be 3914.00.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Ion-exchangers based on polymers of heading 3901 to 3913, in primary forms: Other. The rate of duty will be 3.9%, 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., Washington, D.C. 20460, by calling the TSCA Assistance Line at (202) 554-1404, by Fax at (202) 554-5603, by e-mail to: [email protected] 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 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 Frank Cantone at (646) 733-3038.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division