CLA-2-39:OT:RR:NC:N2:237
Mr. Benjamin Wang
Metro World Inc.
P.O. Box 61880
1 League
Irvine, CA 92602
RE: The tariff classification of 100% biodegradable cornstarch based resins in pellet form from various countries.
Dear Mr. Wang:
In your letter received here on August 23, 2010 you requested a tariff classification ruling. You provided three small bags each labeled GB100 100% Biodegradable Plastic for our review. Your samples are being returned.
GB200, GB100 and GB90 are described as a 100% biodegradable cornstarch based resins consisting of native cornstarch, biopolyester, glycerine and other additives. Based on the additional information that you provided by phone on September 3, 2010, the native cornstarch component, a natural polysaccharide, and the biopolyester component, a saturated aliphatic polyester, are present in equal proportions by weight. The resins are designed for use in conventional film blowing extruders to produce household trash bags, compost bags, dog waste bags, retail shopping bags, commercial and industrial garbage bags. The resins are supplied as pellets packed in 25 kilogram size aluminum lined paper bags.
Chapter 39 Note 4. is relevant to your product and provides, in pertinent part: copolymers and polymer blends are to be classified in the heading covering polymers of that comonomer unit which predominates by weight over every other single comonomer unit. If no single comonomer predominates, copolymers or polymer blends, are to be classified in the heading which occurs last in numerical order. Because neither polysaccharide monomer units (3913) nor polyester monomer units (3907) predominate by weight, your product will be classified in heading 3913.
Subheading Note 1. (a) (1) is also relevant to your product and provides, in pertinent part: the designation in a subheading of a polymer by the prefix "poly" (in this case, polysaccharide) means monomer units of the named polymer must contribute 95% or more by weight of the total polymer content. Because the polysaccharide in your product is only 50% by weight, it can not be classified in the subheading for polysaccharide and must be classified in the remaining subheading for: Other.
The applicable subheading for the GB200, GB100 and GB90 100% biodegradable cornstarch based resins will be 3913.90.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Natural polymers and modified natural polymers, not elsewhere specified or included, 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