Tariff classification of polyhydroxyalkanoate copolymer (CAS-117068-64-1) from China.

N157535 April 5, 2011 CLA-2-39:OT:RR:E:NC:N2:237 CATEGORY: Classification TARIFF NO.: 3907.99.0150 Mr. Bryan F. Johnson BYC Polymers 3501 West 41st Street Los Angeles, CA 90008 RE: Tariff classification of polyhydroxyalkanoate copolymer (CAS-117068-64-1) from China. Dear Mr. Johnson: In your letter dated March 29, 2011, you requested a tariff classification ruling. You provided the CAS number of the product for our review. The product described as a polyhydroxyalkanoate (CAS-117068-64-1) is a linear saturated polyester copolymer that consists of two repeating polyester monomer units, methyl (R)-3-hydroxybutyrate (CAS-3976-69-0) and ethyl 3-hydroxybutyrate (CAS-5405-41-4), and contains carboxylic ester functions in the polymer chain. The product will be imported in pellet form in 25 kilogram size and used for water treatment in ponds, aquariums and fountains to reduce nitrate and phosphate levels. The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation of the HTSUS. While not legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings at the international level. See T.D. 89-80, 54 Fed. Reg. 35127 (Aug. 23, 1989). EN 39.07 (5) is applicable to your product and provides for polyesters which are characterized by the presence of carboxylic ester functions in the polymer chain. The applicable subheading for polyhydroxyalkanoate copolymer (CAS-117068-64-1) used for water treatment in ponds, aquariums and fountains will be 3907.99.0150, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Other polyesters: Unsaturated: Other. The rate of duty will be 6.5% 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., Washington, D.C. 20460, by calling the TSCA Assistance Line at (202) 554-1404, by Fax at (202) 554-5603, by e-mail to: [email protected] 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 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 Frank Cantone at (646) 733-3038. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division