The Tariff Classification of RMX-8 from China

N301080 October 24, 2018 CLA-2-38:OT:RR:NC:N1:139 CATEGORY: Classification TARIFF NO.: 3824.99.9297 Linda Kwok Nissan International Transport 172-47 Baisley Boulevard Jamaica, New York 11434 RE: The Tariff Classification of RMX-8 from China Dear Ms. Kwok: In your letter dated October 10, 2018, you requested a tariff classification ruling, on behalf of your client, Nedamco, LLC, for RMX-8. The product identified as RMX-8 is comprised of a mixture of the following substances: Iron sodium (CAS #15708-41-5) 37.4%, Manganese disodium EDTA2 (CAS #15375-84-5) 18.4% Copper Disodium EDTA2 (CAS#14025-15-1) 16.3%, Zinc Disodium EDTA 2 (CAS # 140- 25-21-9) 15.9%. The product is a dry granule. The balance of the mix is waters of hydration of the metal chelate plus some residual moisture after drying. EDTA is the common name for Ethylenediaminetetracetate. The most common form is EDTA Acid CAS number 60-00-4. In your letter, you propose subheading 2922.49.4950, Harmonized Tariff Schedule of the United States (HTSUS) for EDTA acids and subheading 2922.49.8000, HTSUS for EDTA salts. We disagree. Chapter 29 Note 1(a), states: Except where the context otherwise requires, the headings of this chapter apply only to: Separate chemical elements and separate chemically defined compounds, whether or not containing impurities. However, the subject merchandise is a mixture of chemical substances which precludes classification in Chapter 29, HTSUS. The applicable subheading for the mixture RMX-8 will be 3824.99.9297, HTSUS, which provides for: Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other: Other. The rate of duty will be 5%. This product is properly classified under heading 3824.99.9297, HTSUS, which includes the duty rate of “Free” followed by the symbol “K” in parentheses in the “Special” subcolumn. In your letter and further communications with this office, you also inquire whether the SPI K designation applies to this product and is entitled to duty free treatment under GN 13. A product is not entitled to duty-free treatment unless it is actually listed in the Pharmaceutical Appendix. The product, RMX-8, is not itself listed in the Pharmaceutical Appendix. Customs has no statutory authority to expand the Pharmaceutical Appendix. The subject merchandise is therefore not covered by General Note 13 and is not eligible for duty-free entry. 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 the World Wide Web at https://hts.usitc.gov/current. 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 Patrick Day at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division