CLA-2-29:OT:RR:NC:N3:140

Mr. Rich Rodrigues
Amsyn, Inc
1 Tara Blvd, Suite 401
Nashua, NH 03062

RE: The tariff classification of various chemical products from China

Dear Mr. Rodrigues:

In your letter dated December 20, 2018, you requested a tariff classification ruling for five chemical products. You provided the following information, which is summarized below, for each product.

Item 1 Ferric Ammonium Oxalate (CAS No.13268-42-3). Chemical Formula: (NH4)3Fe(C2O4).3H2O HS. No solvents or additives, Used in photography, electroplating industry, creating blueprints. Not shipped in bulk, tablets, or put up in other measured quantities ready for retail sale in form ready for use.

Item 2 Ammonium Sulfite (CAS No. 10196-04-0). Chemical formula: (NH4)2SO3.H2O. No solvents or additives, used as a preservative for fixers in photography. Not shipped in bulk, tablets, or put up in other measured quantities ready for retail sale in form ready for use.

Item 3 Hydroquinone (CAS No. 123-31-9). No solvents or additives, used primarily as a polymerization inhibitor. Not shipped in bulk, tablets, or put up in other measured quantities ready for retail sale in form ready for use.

Item 4 2-Aminophenol – ( CAS No. 95-55-6). Chemical formula: C6H7NO. No solvents or additives, used as a dye intermediate. Not shipped in bulk, tablets, or put up in other measured quantities ready for retail sale in form ready for use.

Item 5 Salicylic Acid (CAS No. 69-72-7). No solvents or additives, used mainly as a chemical intermediate. Not shipped in bulk, tablets, or put up in other measured quantities ready for use. It is assumed to be imported as a non-medical grade for purposes of this ruling.

The applicable subheading for the Ferric Ammonium Oxalate (CAS No. 13268-42-3) will be 2917.11.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Acyclic polycarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives: Oxalic acid, its salts and esters….. The rate of duty will be 3.1 percent ad valorem.

The applicable subheading for the Ammonium Sulfite (CAS No. 10196-04-0) will be 2832.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Sulfites; thiosulfates:Other sulfites. The rate of duty will be 3.1 percent ad valorem.

The applicable subheading for the Hydroquinone (CAS No. 123-31-9) (if photographic grade) will be 2907.22.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Phenols; phenol-alcohols: Hydroquinone (Quinol) and its salts: Photographic grade. The rate of duty will be 5.5 percent ad valorem.

The applicable subheading for the Hydroquinone (CAS No. 123-31-9) (if non-photographic grade) will be 2907.22.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Hydroquinone (Quinol) and its salts: Photographic grade: Other. The rate of duty will be 5.5 percent ad valorem.

The applicable subheading for the 2-Aminophenol (CAS No. 95-55- 6) (AKA o-Aminophenol), will be 2922.29.1300, Harmonized Tariff Schedule of the United States (HTS), which provides for: oxygen-function amino-compounds: amino-naphthols and other amino-phenols, their ethers and esters, other than those containing more than one kind of oxygen function; salts thereof: other: o-aminophenol. The rate of duty will be free.

The applicable subheading for the Salicylic Acid (CAS No. 69-72-7) will be 2918.21.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Carboxylic acids with additional oxygen function and their anhydrides, halides, peroxides and peroxyacids; their halogenated, sulfonated, nitrated or nitrosated derivatives: Carboxylic acids with phenol function but without other oxygen function, their anhydrides, halides, peroxides, peroxyacids and their derivatives:Salicylic acid and its salts:Suitable for medicinal use:Other. The 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 2832.20.0000;2907.22.1000;2907.22.5000; 2917.11.0000; 2922.29.1300; 2918.21.1000; 2918.21.5000; 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 2832.20.0000; 2907.22.1000; 2907.22.5000; 2917.11.0000; 2922.29.1300; 2918.21.1000; 2918.21.5000, 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 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 Paul Hodgkiss at [email protected].

Sincerely,


Steven A. Mack
Director
National Commodity Specialist Division