CLA-2-34:OT:RR:NC:N3:136
Mark Smith
Kowa American Corp.
55 East 59th Street, 19th floor New York, NY 10022
RE: The tariff classification of MAPTAC 50% solution in water, CAS # 51410-72-1, from China
Dear Mr. Smith:
In your letter dated May 5, 2023, you requested a tariff classification ruling on MAPTAC 50% solution in water, CAS # 51410-72-1.
Your submission includes a Safety Data Sheet, which identifies the subject product as MAPTAC-CH(TOTE), CAS # 51410-72-1, and indicates the chemical name to be [3-(Methacryloylamino)propyl]trimethylammonium chloride, 50 percent solution in water. In your reply to our request for additional information, you state that the subject product is a quaternary compound, which may have surface-active properties, meets the conditions of Note 3(a) to Chapter 34, and replied not known as to whether this product meets the conditions of Note 3(b) to Chapter 34. You also state that this product's main function is to have methacrylamide react with other monomers to form a water-soluble polymer. Our research indicates that MAPTAC 50% solution in water is a surface-active preparation.
Note 3 to Chapter 34:
For the purposes of heading 3402, "organic surface-active agents" are products which when mixed with water at a concentration of 0.5 percent at 20C and left to stand for one hour at the same temperature:
(a) Give a transparent or translucent liquid or stable emulsion without separation of insoluble matter; and
(b) Reduce the surface tension of water to 4.5 x 10 -2 N/m (45 dyne/cm) or less.
The applicable subheading for MAPTAC 50% solution in water, CAS # 51410-72-1 will be 3402.90.5050, HTSUS, which provides for Organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 3401: Other: Other: Other: Other. The general 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 3402.90.5050, HTSUS, unless specifically excluded, are subject to the 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 subheading 3402.90.5050, 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 Notice 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, including information on exclusions and their effective dates, 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 at https://hts.usitc.gov/.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Nuccio Fera at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division