CLA-2-32:OT:RR:NC:2:236
Mr. Rick Van Arnam
Barnes, Richardson & Colburn
475 Park Avenue South
NY, New York 10016
RE: The tariff classification of Lubrizol® Solsperse® 32500 and Lubrizol® Solsperse® 36600
Dear Mr. Van Arnam:
In your letter dated August 06, 2010 on behalf of your client Lubrizol Corporation you requested a tariff classification ruling.
You describe the Lubrizol® Solsperse® 32500 as a polymeric dispersant in n-butyl acetate. Your literature states that the product is used in automotive and industrial paints to improve pigment dispersion and stability. You state that the Lubrizol® Solsperse® 32500 contains approximately 60 percent n-butyl acetate and also contains polyester polymers. .
You describe the Lubrizol® Solsperse® 36600 as a polymeric dispersant in a petroleum naphtha based solvent. Your literature states that it is used in white automotive and industrial paints and white coil and can coatings to improve pigment dispersion and stability. You state that the Lubrizol® Solsperse® 36600 is more than 50 percent petroleum naphtha solvent and also contains polyester polymers.
The applicable subheading for the Lubrizol® Solsperse® 32500 and Lubrizol® Solsperse® 36600 will be 3208.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Paints and varnishes (including enamels and lacquers) based on synthetic polymers or chemically modified natural polymers, dispersed or dissolved in a nonaqueous medium; solutions as defined in note 4 to this chapter: based on polyesters. The general rate of duty will be 3.7 percent 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., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, 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 Debra Wholey at (646) 733-3034
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division