CLA-2-32:OT:RR:NC:N3:136
Mayur Khara Automark Industries (India) Pvt. Ltd Lotus Court, Nagpur Nagpur 440012 India RE: The tariff classification of a Colorant Preparation from India Dear Mr. Khara: In your letter dated February 22, 2025, you requested a tariff classification ruling on a Colorant Preparation. In your submission, the subject product is described as a ready-mix raw material used in the production of thermoplastic road striping material. The product is manufactured by mixing dry condition modified rosin ester (Proprietary), titanium dioxide (CAS # 13463-67-7), polyethylene wax (CAS # 9002-88-4-100), and ethylene vinyl acetate (EVA) (CAS # 24937-78-8), in proportions suitable for the preparation of thermoplastic road striping materials. You indicate that the main component of the subject product is rosin ester and suggest classification in subheading 3806.90.00, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “[r]osin and resin acids, and derivatives thereof; rosin spirit and rosin oils; run gums: [o]ther.” We disagree, because the subject product is a mixture of modified rosin ester and other ingredients, intended for specific use. The subject product is not described in heading 3806, HTSUS. Based on the ingredient composition and use, it will be classified elsewhere. The applicable subheading for the Colorant Preparation will be 3204.19.5000, HTSUS, which provides for Synthetic organic coloring matter, whether or not chemically defined; preparations as specified in note 3 to this chapter based on synthetic organic coloring matter; synthetic organic products of a kind used as fluorescent brightening agents or as luminophores, whether or not chemically defined: Synthetic organic coloring matter and preparations based thereon as specified in note 3 to this chapter: Other: Other: Other. The general rate of duty will be 6.5 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. 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