CLA-2-29:OT:RR:NC:N3:140
Alan Fischer Photo Systems Inc 7190 Huron River Drive Dexter, MI 48130 RE: The tariff classification of Color Developing Agent 3 (CAS No. 25646-71-3) and Color Developing Agent 4 (CAS No. 25646-77-9) from China imported in bulk form Dear Mr. Fischer: In your letter dated December 2, 2024, you requested a tariff classification ruling. We referred the information provided to our laboratory for analysis. We regret the delay. Color Developing Agent 3 is also known as N-{2-(4-amino-N-ethyl-3-methylamino)ethyl}methane sulfonamide: sulfuric acid. You indicate that it is a coloring agent principally used for photographic purposes. Our laboratory review indicates that this product is a separate chemically defined organic compound containing sulfonamide, amine and aromatic functional groups. Color Developing Agent 4 is also known as 2-(4-amino-N-ethyl-3-methylamino) ethanol: sulfuric acid. You indicate that it is a coloring agent principally used for photographic purposes. Our laboratory review indicates that this product is a separate chemically defined organic compound containing amino-alcohol and aromatic functional groups. The applicable subheading for Color Developing Agent 3 will be 2935.90.9500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Sulfonamides: Other: Other: Other: Other.” The rate of duty will be 6.5 percent ad valorem. The applicable subheading for Color Developing Agent 4 will be 2922.19.7000, HTSUS, which provides for “Oxygen-function amino-compounds: Amino-alcohols, other than those containing more than one kind of oxygen function, their ethers and esters; salts thereof: Other: Aromatic: Other: Other: Other.” The rate of duty will be 6.5 percent ad valorem. Effective March 4, 2025, pursuant to U.S. Note 2(u) to Subchapter III, Chapter 99, all products of China and Hong Kong as provided by heading 9903.01.24, HTSUS, other than products classifiable under headings
9903.01.21, 9903.01.22, and 9903.01.23, HTSUS, will be subject to an additional 20 percent ad valorem rate of duty. At the time of entry, you must report the applicable Chapter 99 heading, i.e. 9903.01.24, in addition to subheadings 2922.19.7000 and 2935.90.9500, HTSUS, listed above. 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 ruling, please contact National Import Specialist Merari Ortiz at [email protected].
Sincerely,
Steven A. Mack Director National Commodity Specialist Division