CLA-2-38:OT:RR:NC:N3:140
Mr. Michael Snarr
Baker & Hostetler, LLP
Washington Square, Suite 1100
Washington, District of Columbia 20036-5304
RE: The tariff classification of Hydrolyzed or Polymerized Alkoxysilanes or Organosilanes from Germany, China or Japan
Dear Mr. Snarr:
In your letter dated April 02, 2020 and April 16, 2020, you requested a tariff classification ruling on behalf of your client.
Item Description 1
Tetraethoxysilane polymerized, also known as Ethyl Silicate 40, CAS No. 11099-06-2, chemical
structure of CH3-CH2-[O-Si(-O-CH2-CH3)2]n-O-CH2-CH3; (n = 4-5)
Item Description 2
Triethoxymethylsilane polymerized, CAS No. 67762-97-4, chemical structure of
CH3-CH2-[O-Si-CH3(-O-CH2-CH3)]n-O-CH2-CH3 (n = 2.5 – 3). It is also called Oligomeric MTES in your submission.
In a follow up email you indicated that the products consisted of a range (average monomer size) of monomer units as indicated above. You stated that these n – signifies the extent of polymerization and is expressed as an average number. These are not mixtures of various ranges of monomer units as imported. Each item consists of a single monomer range, they are not mixed together. They are not classified as polymers for Tariff purposes based on Chapter 39 Note 2 (c).
This ruling will apply to each of the listed products if imported as separately identifiable organic compounds.
The applicable subheading for item 1, Tetraethoxysilane polymerized, also known as Ethyl Silicate 40, CAS No. 11099-06-2 in chemically pure form, and imported with a single repeating monomer unit in the ranges indicated above will be 2920.90.5100, HTSUS, which provides for “Esters of other inorganic acids of nonmetals (excluding esters of hydrogen halides) and their salts; their halogenated, sulfonated, nitrated or nitrosated derivatives: Other: Other.” The general rate of duty will be 3.7 percent ad valorem.
The applicable subheading for item 2, Triethoxymethylsilane polymerized, CAS No. 67762-97-4, chemical structure of CH3-CH2-[O-Si-CH3(-O-CH2-CH3)]n-O-CH2-CH3. (n = 2.5 – 3) in chemically pure form, and imported with a single repeating monomer unit indicated in the ranges above, will be 2931.90.9010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Other organo-inorganic compounds: Other: Other: Organo-silicon compounds: The rate of duty will be 3.7 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 2920.90.5100, HTSUS, unless specifically excluded, are subject to an additional 7.5 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 2920.90.5100, HTSUS, listed above.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 2931.90.9010, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.04, in addition to subheading 2931.90.9010, 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.
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