CLA-2-39:OT:RR:NC:N2:237
Mr. Jeremy Merritt
International trade Compliance Manager
Ascend Performance Materials
600 Travis Street - Suite 300
Houston, Texas 77002
RE: The tariff classification of Polyamide 41BR1 polyamide-6,6 with 2-3% polyamide-6 (CAS-24993-04-2) from various countries.
Dear Mr. Merritt:
In your letter dated June 25, 2012 you requested a tariff classification ruling. You provided CAS numbers and a copy of the EPA’s Polymer Exemption Guide Manual.
The subject merchandise, trade name 41BR1, is a polyamide that results from the reaction of three monomers, namely: hexamethyldiamine (HMD) (CAS# 124-09-4), adipic acid (CAS# 124-04-9) and caprolactam (CAS# 105-60-2). These three monomers are reacted starting from their monomer state, and the reaction forms a random arrangement of monomers within the resulting polymer chain. For the subject product, concentrations of the monomers that react are 2-3% caprolactam, and the balance is essentially equal parts of HMD and adipic acid. The resulting molecular structure doesn’t match the molecular structure of any polyamide specifically provided for in subheading HTSUS 3908.10. Polyamide (41BR1) = [NH-(CH2)6-NH-CO-(CH2)4-CO]n - [NH-(CH2)5-CO]m. In your letter you suggest that: This conclusion is further bolstered by the EPA, who has set forth a rule that the presence of a monomer or reactant that has greater than two weight percent in the initial mixtures causes a different polymer to be formed, in this case 41BR1, and this resulting chemical substance has its own CAS# (24993-04-2).
Classification of merchandise under the Harmonized Tariff Schedule of the United States (HTSUS) is governed by the General Rules of Interpretation (GRI's). GRI 1 requires that classification be determined according to the terms of the headings of the tariff schedule and any relative section or chapter notes. Where goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI's may then be applied, taken in order.
Heading 3908, HTSUS, specifically provides for: Polyamides, in primary forms. Therefore, Polyamide 41BR1 which is a polymer composed solely of polyamides, namely polyamide-6,6 with 2-3% polyamide-6, is classifiable in heading 3908, HTSUS, which provides for polyamides.
Subheading Note 1. (a) (1) states: The designation in a subheading by the prefix defines “poly” (for example, polyethylene and polyamide-6,6) means that the constituent monomer unit or monomer units of the named polymer taken together must contribute 95 percent or more by weight of the total polymer content. Therefore, Polyamide 41BR1, in which polyamide-6,6 contributes 95 percent or more by weight of the total polymer content, is classifiable in subheading 3908.90.7000, HTSUS, which specifically provides for polyamide-6,6.
The applicable subheading for Polyamide 41BR1 polyamide-6,6 with 2-3% polyamide-6 (CAS-24993-04-2) will be 3908.90.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Polyamides, in primary forms: Polyamide-6, -11, -12, -6,6, -6,9, -6,10 or -6,12. The rate of duty will be 6.3% 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,
Thomas J. Russo
Director
National Commodity Specialist Division