CLA-2-39:OT:RR:NC:N2:237
Ms. Lisa Gooch
Logistics & Regulatory Manager
Tosoh USA, Inc.
3600 Gantz Road
Grove City, OH 43123
RE: The tariff classification of sodium polystyrene sulfonate (CAS-25704-18-1) from Japan.
Dear Ms. Gooch:
In your letter dated January 14, 2010, you requested a tariff classification.
P-NaSS sodium polystyrene sulfonate (CAS-25704-18-1) consists of polystyrene sulfonic acid, sodium salt and water. The product is used in a variety of applications including water treatment, scale inhibitors, antistatic agents and emulsifiers.
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 General EN to Chapter 3903 is applicable to your products and provides: Polymers may be chemically modified as, for example, in the chlorination of polyethylene or polyvinyl chloride, the chlorosulphonation of polyethylene, etc. Your product is the sodium salt of a modified (sulfonated) styrene polymer in aqueous solution.
The applicable subheading for P-NaSS sodium polystyrene sulfonate (CAS-25704-18-1) in aqueous solution will be 3903.90.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for polymers of styrene, in primary forms: Other: Other. The rate of duty will be 6.5%, 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