CLA-2-38:OT:RR:NC:N3:139
Carol Shelsy
Euro-American Air Freight Company, Incorporated
375 Airport Drive, Building. #5 Worcester, MA 01602
RE: The tariff classification of fine brucite with a stearic acid coating from China
Dear Ms. Shelsy:
In your letter made on behalf of your client PSC LLC dated January 6, 2025, you requested a tariff classification ruling.
The instant item has the product code of FB-3ST. You describe it as a combination of brucite (a natural mineral form of magnesium hydroxide) combined with stearic acid. You state that it would be used in manufacturing as a flame retardant filler in polymer cable compounds.
In your submission you propose classification of FB-3ST under subheadings 2816.10.0000 or 2530.90.8050 Harmonized Tariff Schedule of the United States (HTSUS). We disagree. Pursuant to Note 1 to Chapter 28, the headings of this chapter apply only to separate chemical elements and separate chemically defined chemical compounds, with limited added substances. Chapter 25 Note 1 excludes articles obtained by mixing from classification in the Chapter. As this product is magnesium hydroxide coated with stearic acid, it does not meet the terms of the 2530 heading.
The applicable subheading for FB-3ST will be 3824.99.9397, 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: Other: Other: Other: Other. The rate of duty will be 5 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 3824.99.9397, 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 3824.99.9397, 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/.
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 John Bobel at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division