CLA-2-39:OT:RR:NC:N2:237
Ms. Dina M. Donnelly
Director of International Transport
Aceto Corporation
4 Tri Harbor Court
Port Washington, NY 11050
RE: The tariff classification of a chlorinated rubber (CAS-9006-03-5) from China.
Dear Ms. Donnelly:
In your letter dated April 20, 2011, you requested a tariff classification ruling.
The product is described as a Chlorinated Rubber (CAS-9006-03-5) in white powder form.
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 Heading 39.13 (3) (a) is applicable to your product and states: natural rubber, which is a high polymer, forms, on chemical treatment, certain substances having the characteristics of plasticity. These include: chlorinated rubber. This is usually produced in the form of small white granules. It is used in the preparation of paints and varnishes which after application form a film resistant to atmospheric and chemical deterioration.
The applicable subheading for the chlorinated rubber will be 3913.90.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for natural polymers…and modified natural polymers (for example, hardened proteins, chemical derivatives of natural rubber), not elsewhere specified or included, in primary forms. The rate of duty will be free.
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 (hours of service: 8:30 a.m.-5:00 pm EST Monday-Friday), by Fax at (202) 554-5603 (available 24 hours a day), 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