CLA-2-39:OT:RR:NC:N2:237
Ms. Lili Chan
Gatehouse International Freight Ltd.
1160-4871 Shell Road
Richmond, British Columbia V6X 3Z6
Canada
RE: The tariff classification of hydroxypropyl methyl cellulose powder (CAS-9004-65-3) and hydroxyethyl cellulose powder (CAS-9004-62-0) from China.
Dear Ms. Chan:
In your letter dated September 7, 2012, on behalf of Aslchem International Inc., you requested a tariff classification ruling for two products. You provided Aslchem MSDS sheets for our review.
The first product is described as hydroxypropyl methyl cellulose (CAS-9004-65-3). The product will be imported as a white powder in bulk form for use in food and pharmaceutical products.
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 Chapter 3912 is applicable to your product and provides for: Cellulose and its chemical derivatives, not elsewhere specified or included, in primary forms. EN 3912 (4) provides for: Cellulose ethers. Hydroxypropyl methyl cellulose (CAS-9004-65-3) is a cellulose ether and therefore a chemical derivative of cellulose.
The applicable subheading for hydroxypropyl methyl cellulose (CAS-9004-65-3) in powder form will be 3912.39.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Cellulose and its chemical derivatives, not elsewhere specified or included, in primary forms: Cellulose ethers: Other. The rate of duty will be 4.2% ad valorem.
The second product is described as hydroxyethyl cellulose (CAS-9004-62-0). The product will be imported as a white powder in bulk form for use in food and pharmaceutical products.
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 Chapter 3912 is applicable to your product and provides for: Cellulose and its chemical derivatives, not elsewhere specified or included, in primary forms. EN 3912 (4) provides for: Cellulose ethers. Hydroxyethyl cellulose (CAS-9004-62-0) is a cellulose
cellulose ether and therefore a chemical derivative of cellulose.
The applicable subheading for hydroxyethyl cellulose (CAS-9004-62-0) in powder form will be 3912.39.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Cellulose and its chemical derivatives, not elsewhere specified or included, in primary forms: Cellulose ethers: Other. The rate of duty will be 4.2% 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