CLA-2-39:OT:RR:NC:N2:237
Mr. Nicolas Beck
Cleanis, Inc.
1375 Broadway Ave. - Suite 1100
New York, New York 10018
RE: The tariff classification of sodium polyacrylate absorbent powder from France.
Dear Mr. Beck:
In your letter received here on October 18, 2013 you requested a tariff classification ruling. You provided product sheets, EEC rulings and samples. Your samples and literature are being returned.
GelMax Super Absorbent Powder consists of sodium polyacrylate crystals (CAS-9003-04-7) that absorb up to 65% their weight of organic liquid. The product is designed for the safe collection and disposal of biological, surgical and laboratory waste fluids and the reduction of odors. When sprinkled on fluids, the powder absorbs liquids and turns into a gel in a few seconds. The product is intended for use in operating rooms, emergency rooms, oncology units, labor and delivery rooms, nursing homes, dialysis units, laboratories, etc. The product will be imported as white powder in 1 liter (400 gram) size plastic dispensers, packed 12 to a case and 36 cases to a pallet.
GelMax Super Absorbent Water Soluble Pouch consists of the same white sodium polyacrylate crystals (CAS-9003-04-7) for the same uses and locations but contained in small pouches for placement inside containers to recover fluids. The product will be imported as white powder in 0.25 ounce (7 gram) pouches, packed 12 to a box, 24 boxes to a case and 190 cases to a pallet.
The applicable subheading for sodium polyacrylate powder in dispenser and pouch form will be subheading 3906.90.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other acrylic polymers in primary forms. The rate of duty will be 4.2% ad valorem.
We are returning your request for a ruling for the GelMax Super Absorbent Pad, and any related samples, exhibits, etc. We need additional information in order to issue a ruling. There appears to be a contradiction between the literature (product sheet) which refers to “pulp” fibers and the EEC ruling and translation which mentions “synthetic” fibers. Please provide full manufacturing specifications for this product from fiber to finished product and include all forms of bonding. Also, indicate if fibers are filament or staple.
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,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division