The tariff classification of polyethylene color concentrates

N245713 September 26, 2013 CLA-2-32:OT:RR:NC:2:236 CATEGORY: Classification TARIFF NO.: 3206.19; 3206.49; 3812.20 Mr. Prudence M. Russo Ampacet Corporation 660 White Plains Road Tarrytown, NY 10591 RE: The tariff classification of polyethylene color concentrates Dear Mr. Russo: In your ruling request dated August 29, 2013, you requested a tariff classification ruling on four products identified as “White Polyethylene Masterbatch” (product code number 11078), “Black Polyethylene Masterbatch” (product code number 19270), “Antiblock Polyethylene Masterbatch” (product code number 10063), and “Process Aid Polyethylene Masterbatch” (product code number 10919). Your letter indicates that you manufacture the polyethylene color concentrates in the United States. The products at issue are in pellet form and contain a combination of resins, pigments, and additives. These color concentrates are used by your customers to produce various packaging products. The applicable subheading for “White Polyethylene Masterbatch” (product code number 11078) will be 3206.19 Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other coloring matter; preparations as specified in note 3 to this chapter, other than those of 3203, 3204 or 3205; inorganic products of a kind used as luminophores, whether or not chemically defined: Pigments and preparations based on titanium dioxide: Other. The applicable subheading for “Black Polyethylene Masterbatch” (product code number 19270) will be 3206.49, HTSUS, which provides for Other coloring matter; preparations as specified in note 3 to this chapter, other than those of 3203, 3204 or 3205; inorganic products of a kind used as luminophores, whether or not chemically defined: Other coloring matter and other preparations: Other. The applicable subheading for “Antiblock Polyethylene Masterbatch” (product code number 10063), and “Process Aid Polyethylene Masterbatch” (product code number 10919) will be 3812.20, HTSUS, which provides for Prepared rubber accelerators; compound plasticizers for rubber or plastics, not elsewhere specified or included; antioxidizing preparations and other compound stabilizers for rubber or plastics. Per 19 CFR §181.92(b)(5) [Definitions and general NAFTA advance ruling practice], this office has no authority to issue rulings on goods exported from the U.S. to other NAFTA countries (Canada or Mexico). A list of addresses from which advance rulings for exports into Canada or Mexico can be requested is located at the U.S. Customs and Border Protection website at www.cbp.gov (click on Trade, Trade Programs, International Agreements, International Free Trade Agreements, North American Free Trade Agreement, Advance Rulings). 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. 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 Nuccio Fera at (646) 733-3034. Sincerely, Myles B. Harmon Acting Director National Commodity Specialist Division