CLA-2-32:OT:RR:NC:N3:136
Mr. Geraint C. Davies
Chameleon Specialty Chemicals, Ltd.
4, Winton Road Bowdon
Altrincham WA14 2PG
United Kingdom
RE: The tariff classification of “Chameleon Black 2, ODB-2, or Black 2” from China
Dear Mr. Davies:
In your ruling request dated September 25, 2019, you requested a tariff classification ruling on “Chameleon Black 2, ODB-2, or Black 2.”
You state that the product at issue is a type of colorant known as a colorformer. In its supplied state, “Chameleon Black 2, ODB-2, or Black 2” is an off-white colored powder, which when exposed to appropriate acidic conditions, develops a strong black color. Your submission identifies this product’s common commercial name as “OBD-2 or Black 2” and CAS number as 89331-94-2. This product is 99.5%+ pure and primarily used as a coating component in the manufacture of carbonless paper.
The applicable subheading for “Chameleon Black 2, ODB-2, or Black 2” will be 3204.19.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Synthetic organic coloring matter, whether or not chemically defined; preparations as specified in note 3 to this chapter based on synthetic organic products of a kind used as fluorescent brightening agents or as luminophores, whether or not chemically defined: Synthetic organic coloring matter and preparations based thereon as specified in note 3 to this chapter: Other, including mixtures of coloring matter of two or more of the subheadings 3204.11 to 3204.19: Other: Other: Products described in additional U.S. note 3 to section VI. The general rate of duty will be 6.5 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 3204.19.4000, HTSUS, unless specifically excluded, are subject to an additional 15 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 3204.19.4000, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
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 (EPA). Information on the TSCA can be obtained by contacting the EPA at Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W., Washington, D.C., 20460, by calling the Toxic Substances Control Act Hotline at (202) 554-1404, by e-mailing 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 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 Nuccio Fera at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division