CLA-2-38:OT:RR:NC:N3:135
Mr. Miao Wang
Suqian Unitechem Co., Ltd
No. 22 Nanhua Road
Suqian CITH 223800
China
RE: The tariff classification of a UV Stabilizer 944 from China
Dear Mr.Wang:
In your letter dated November 15, 2018, on behalf of your client Ampacet, you requested a tariff classification ruling.
The subject product is a UV Stabilizer 944 described as a hindered amine light stabilizer with 5 or less monomer units. It has a CAS registry number 70624-18-9 and Chemical Name:Poly-{[6-[(1,1,3,3-tetramethylbutyl)amino]-1,3,5-triazine-2,4-diyl][(2,2,6,6-tetramethyl-4-piperidyl)imino]-1,6-hexanediyl[(2,2,6,6-tetramethyl-4-piperidyl)imino]}. It is used in film and fiber and in low density PE film, PP tape, EVA films, ABS, PP fiber, PE, polyacetals, polyamides, PUR, PVC, PVC blending material, PS, and rubber.
In Headquarters Ruling (HQ) 962731 dated October 22, 2001, Customs and Border Protection ruled that Chimassorb 944™ with the identical CAS registry number 70624-18-9 was excluded from classification in Chapter 29 because the substance was not a "separate chemically defined organic compound[s]" or any of the other items specifically included in Chapter 29. (Note 1 to Chapter 29). Furthermore, since there were no competing headings to consider for Chimassorb 944™ (CAS 70624-18-9), the merchandise was correctly classified in heading 3812, Harmonized Tariff Schedule of the United States (HTSUS), at General Rule of Interpretation (GRI) 1. Accordingly, the instant product would be classified in heading 3812, HTSUS.
The applicable subheading for the UV Stabilizer 944 will be 3812.39.6000, (HTSUS), which provides for “antioxidizing preparations and other compound stabilizers for rubber or plastics: Other: Containing any aromatic or modified aromatic antioxidant or other stabilizers: Other.” 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), and 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 subheading 3812.39.6000, 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 subheading 3812.39.6000, 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.
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 the 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 Fei Chen at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division