CLA-2-32:OT:RR:NC:N1:136
Mr. Dakota Butch
Trans-world Shipping Service, Inc.
3206 Frenchmens Road
Toledo, OH 43607
RE: The tariff classification of “Five Powder Pigments” from China
Dear Mr. Butch:
In your letter dated October 23, 2018, on behalf of your client, Shannon Eis, you requested a tariff classification ruling on “Five Powder Pigments.”
In your submission, you describe the subject products as follows: Item 1 is a powder pigment, known as “KT-6033 Red Violet,” containing a mixture of Mica, Titanium Dioxide, Iron Oxide, and Manganese Violet. Item 2 is a powder pigment, known as “KT-66E1 Magic Orange,” containing a mixture of Mica, Titanium Dioxide, Tin Dioxide, and Iron Oxide. Item 3 is a powder pigment, known as “KT-50001 Chromium Oxide Green,” containing a mixture of Chromium Oxide and various heavy metals. Item 4 is a powder pigment, known as “KT-7103 Brite White,” containing a mixture of Fluorphlogopite and Titanium Dioxide. Item 5 is a powder pigment, known as “KT-82005 Red Iron Oxide,” containing a mixture of Red Iron Oxide and various heavy metals.
The applicable subheading for items 1, 2, and 4 will be 3206.19.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other coloring matter; preparations as specified in note 3 to this chapter, other than those of 3203, 3204 or 3205; inorganic products of a kind used as luminophores, whether or not chemically defined: Pigments and preparations based on titanium dioxide: Other. The general rate of duty will be 6.0 percent ad valorem.
The applicable subheading for item 3 will be 3206.20.0050, HTSUS, which provides for Other coloring matter; preparations as specified in note 3 to this chapter, other than those of 3203, 3204 or 3205; inorganic products of a kind used as luminophores, whether or not chemically defined: Pigments and preparations based on chromium compounds: Other. The general rate of duty will be 3.7 percent ad valorem
The applicable subheading for item 5 will be 3206.49.2000, HTSUS, which provides for Other coloring matter; preparations as specified in note 3 to this chapter, other than those of 3203, 3204 or 3205; inorganic products of a kind used as luminophores, whether or not chemically defined: Other: Preparations based on iron oxides. The general rate of duty will be 6.5 percent ad valorem
Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings.
Products of China classified under subheadings 3206.19.0000, 3206.20.0050, and 3206.49.2000 HTSUS, unless specifically excluded, are subject to the additional 10 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheadings 3206.19.0000, 3206.20.0050, and 3206.49.2000 HTSUS, listed above.
The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.
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., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, 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 https://hts.usitc.gov/current.
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 Nuccio Fera at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division