CLA-1-28:OT:RR:NC:N3:136
Kent Sunakoda
James J. Boyle & Co.
1000 Corporate Center Drive, Suite 400
Monterey Park, CA 91754
RE: The tariff classification of “PT-501R” and “CR-EL” from Japan
Dear Mr. Sunakoda:
In your ruling request dated May 25, 2021, on behalf of your client, Ishihara Corporation (U.S.A.), you requested a tariff classification ruling on “PT-501R” and “CR-EL.”
You describe “PT-501R” as high purity titanium dioxide, composed of 99% titanium dioxide (CAS # 13463-67-7) and 1% trimethylolpropane (CAS #77-99-6). Your submission indicates that this product is a white powder mixture used in condenser and electronic ceramic applications and as a pigment.
You describe “CR-EL” as high purity titanium dioxide, composed of 99% titanium dioxide (CAS # 13463-67-7) and 1% trimethylolpropane (CAS #77-99-6). Your submission indicates that this product is a white powder mixture used in the electro-ceramic industry and as a pigment.
In your submission, you suggest classification in 2823.00.0000, Harmonized Tariff Schedule of the United States, (HTSUS); however, we disagree. The subject products are mixtures, which are precluded from classification in Chapter 28, HTSUS, pursuant to Note 1 to that chapter.
The applicable subheading for “PT-501R” and “CR-EL” will be 3206.11.0000, HTSUS, which provides for Other coloring matter; preparations as specified in note 3 to this chapter, other than those of 3203, 3204 or 3205; inorganic products of a kind used as luminophores, whether or not chemically defined: Pigments and preparations based on titanium dioxide: Containing 80 percent or more by weight of titanium dioxide calculated on the dry matter. The general rate of duty will be 6 percent ad valorem.
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 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