CLA-2-29:OT:RR:NC:N3:140
Mr. Aaron Marx
Crowell & Moring, LLP 1001 Pennsylvania Avenue NW Washington, DC 20004
RE: The tariff classification of Tetrabromolbisphenol A Bis (2,3-dibromopropyl ether) (CAS # 21850-44-2) Distillate from an unknown country.
Dear Mr. Murphy:
In your letter dated July 14, 2020, you requested a tariff classification ruling on behalf your client, St. Louis Group.
The subject product is a chemical known as Tetrabromolbisphenol A Bis (2,3-dibromopropyl ether), (CAS # 21850-44-2) sold under the trade name BroShield® 68-B. You described it as a halogenated ether with flame retardant properties. The chemical formula is C21H20O2Br8.
You indicated your opinion that Tetrabromolbisphenol A Bis (2,3-dibromopropyl ether), is appropriately classified in the provision 2909.30.6000. We agree with that determination. The applicable subheading for Tetrabromolbisphenol A Bis (2,3-dibromopropyl ether), (CAS # 21850-44-2) will be 2909.30.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for Aromatic ethers and their halogenated, sulfonated, nitrated or nitrosated derivatives: Other: Other: Other The rate of duty will be 5.5 percent ad valorem.
Your letter does not indicate Tetrabromolbisphenol A Bis (2,3-dibromopropyl ether) country of origin. In the event China is determined to be the country of origin, please be advised of the following:
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheadings 2909.30.6000, 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.,9903.88.03, in addition to subheadings 2909.30.6000, 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. 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