The tariff classification of various catalytic preparations from Europe and the United States

N049135 February 6, 2009 CLA-2-38:OT:RR:E:NC:N2:235 CATEGORY: Classification TARIFF NO.: Mr. Gene McCoy Borealis Compounds Inc. 176 Thomas Road Port Murray, NJ 07865 RE: The tariff classification of various catalytic preparations from Europe and the United States Dear Mr. McCoy: In your letter dated January 14, 2009, you requested a tariff classification ruling. The products which are the subject of this ruling request are as listed below: 1) Visico™ LE4431 Ingredients: Ethylene Butene Copolymer (CAS # 25087-34-7) 2) Ambicat™ LE4472 Ingredients: Sulfonic Acid Carbon Black Polyethylene 3) Ambicat™ LE4476 Ingredients: Polyethylene (CAS # 9002-88-4) Sulfonic Acid The applicable subheading for Ambicat™ LE4472, as indicated above will be 3815.90.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Reaction initiators, reaction accelerators and catalytic preparations, not elsewhere specified or included: Other: Other.” The rate of duty will be 5 percent ad valorem. Your inquiry does not provide enough information for us to give a classification ruling on Visico™ LE4431 and Ambicat™ LE4476. You indicate in your request that the two products are catalyst masterbatches. Your request for a classification ruling should include a complete list of all ingredients and the percentage of each one in the prospective products. Please specify what component provides the catalytic action. Please also provide a detailed description of the mechanism by which the catalyst functions. When this information is available, you may wish to consider resubmission of your request. Customs and Border Protection rulings apply to prospective importations into the United States. If these products are to be exported we would suggest that you obtain a classification ruling from the Foreign Customs Service in the country to which the product is being exported. These products appear to be used in conjunction with a corresponding polymer base material. If these products are imported together with those base materials, they may then constitute a set for classification purposes and these rulings will not apply. For purposes of this binding ruling it is assumed that the master batches indicated above are imported without the corresponding base material indicated in the technical data sheets provided with your request. 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 on World Wide Web at http://www.usitc.gov/tata/hts/. 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 Paul Hodgkiss at (646) 733-3046. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division