CLA-2-39:OT:RR:NC:N:5:137
Judie Henry
Green Impulse
1 rue Alexandre Fleming Angers 49000 France
RE: The tariff classification of chitosan from India
Dear Ms. Henry:
In your letter dated July 28, 2023, you requested a tariff classification ruling.
The product under consideration is referred to as KITAE® fungicide. The product consists of 10 percent chitosan diluted in 90 percent vinegar (approximately 7 percent acetic acid in 83 percent water solution). KITAE® functions as a fungicide due to the disruptive effect on the wall of fungi created by chitosan, a natural polysaccharide. The vinegar is used as an inert solvent to dissolve the chitosan but does not contribute to the product’s fungicidal activity.
The applicable subheading for the KITAE®, chitosan based, fungicide will be 3913.90.2090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for natural polymers (for example alginic acid), modified natural polymers (for example, hardened proteins, chemical derivatives of rubber), not elsewhere specified or included, in primary forms: other: polysaccharides and their derivatives: other. The general rate of duty will be 5.8 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 (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 800-471-7127, 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 at https://hts.usitc.gov/current.
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 Christina Allen at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division