CLA-2-29:RR:NC:2:239 C88319
Mr. Edward W. Creech
Great Lakes Customs Brokerage, Inc.
85 River Rock Drive, #202
Buffalo, NY 14207
RE: The tariff classification of Halon 1301 (CAS 75-63-8) from
Canada.
Dear Mr. Creech:
In your letter dated May 5, 1998, on behalf of your client
Control Fire Systems, you requested a tariff classification
ruling for Halon 1301 (Chemical Name - Bromotrifluoromethane)
which you have stated is a fundamental sub-component of the fire
suppression system of civil aircraft.
The applicable subheading will be 2903.46.0000, Harmonized
Tariff Schedule of the United States (HTS), which provides for
halogenated derivatives of hydrocarbons. The rate of duty will
be 3.7 percent ad valorem.
Importations of Halon 1301 are currently prohibited under
the Clean Air Act Amendments of 1990, Public Law 101-59 (40 CFR
Part 82). Under this Act, only importations of used, reclaimed,
or recycled Halon 1301 are permitted entry into the United
States, and this after petitioning the Administrator,
Environmental Protection Agency (EPA) for approval. According to
the regulations set out in 40 CFR 82, Section 13, such petitions
must be received by the Administrator at least 15 working days
before the shipment is to depart the foreign port of export.
Petitions should be forwarded to:
Environmental Protection Agency
Stratospheric Protection Division, Attn: Mr. Ben DeAngelo
401 M St., SW, (6205J)
Washington D.C., 20460
For further information on the petition process you may call
the EPA hotline at 1-800-296-1996. Request the "guidance"
document.
This ruling is being issued under the provisions of Part 177
of the Customs 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, contact National Import Specialist Thomas
Brady at 212-466-5747.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division