CLA-2-38:OT:RR:NC:N3:139
Linda Lago
Wego Chemical Group
239 Great Neck Road Great Neck, NY 11021
RE: The tariff classification of three chemical substances from China
Dear Ms. Lago:
In your letter dated August 30, 2023, and several subsequent emails and document submissions, you requested a tariff classification ruling on three different chemical substances. Physical samples of two of the substances were submitted. This ruling request, the additional requested information and the samples were submitted to our laboratory for review. The samples will not be returned. We regret the delay.
The three products are as follows:
Product 1 is identified as 2-(2-Hydroxyethoxy)ethyl 2-hydroxypropyl 3,4,5,6-tetrabromophthalate. You state that it has a CAS Number of 20566-35-2. You refer to this substance with the shorthand designation of TBPA Diol.
Product 2 is identified as 2-(2-hydroxyethoxy)ethanol;propane-1,2-diol;3,4,5,6-tetrabromophthalic acid. You state that it has a CAS Number of 77098-07-8. You refer to this substance with the shorthand designation of TBPD.
Product 3 is identified as Tetrabromophthalic anhydride. You state that it has a CAS Number of 632-79-1. It is also known as 3,4,5,6-tetrabromophthalic anhydride. It has the molecular formula C8Br4O3. You refer to this substance with the shorthand designation of TBPA.
In your submission, you stated that Products 1 & 2 are “two different grades of the same product.”
The CBP Laboratory analyzed the documentation you provided in your submission regarding Products 1 & 2, as well as additional subsequent documentation, and physical samples you provided at our request. While the lab found the two physical samples shared similar if not identical compositions, it found their compositions were not of a uniform organic chemical that is consistent with the composition profile for the substance assigned CAS Number 20566-35-2. Rather, the samples contained a mixture of various different derivatives of TBPA Diol.
The applicable subheading for both the TPBA Diol, and the TPBD will be 3824.99.2900, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Mixtures containing 5 percent or more by weight of one or more aromatic or modified aromatic substances: Other. The rate of duty will be 6.5 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 3824.99.2900, 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 subheading 3824.99.2900, 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, 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.
The applicable subheading for the TBPA will be 2917.39.1700, HTSUS, which provides for Aromatic polycarboxylic acids, their anhydrides, halides, peroxides, peroxyacids and their derivatives: Other: Tetrabromophthalic anhydride. The rate of duty will be 6.5% ad valorem.
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/.
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.
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 the TBPA Diol and the TBPD in this ruling, please contact National Import Specialist John Bobel at [email protected]. If you have any questions regarding the TBPA in this ruling, please contact National Import Specialist Merari Ortiz at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division