The tariff classification of Carbonyl Fluoride, CAS # 353-50-4, from China

N330772 February 14, 2023 CLA-2-28:OT:RR:NC:N1:136 CATEGORY: Classification TARIFF NO.: 2812.90.0090; 9903.88.03 Yuliana Kalinova Linde Gas & Equipment, Inc. 53 Frontage Road, Suite 210Hampton, NJ 08827 RE: The tariff classification of Carbonyl Fluoride, CAS # 353-50-4, from China Dear Ms. Kalinova: In your ruling request dated February 3, 2023, you requested a tariff classification ruling on Carbonyl Fluoride, CAS # 353-50-4. In your submission, you identify the subject product as a chemical compound named Carbonyl Fluoride, which is assigned CAS registry number 353-50-4. This compound is a colorless gas with the chemical formula COF2. We have determined that the subject product is a halide of carbon also known as a carbon oxohalide. Based on the information provided in your submission, we presume the subject product is a pure chemical compound, which meets the conditions of Note 1 to Chapter 28, Harmonized Tariff Schedule of the United States (HTSUS), The applicable subheading for Carbonyl Fluoride, CAS # 353-50-4, will be 2812.90.0090, HTSUS, which provides for Halides and halide oxide of nonmetals: Other: Other. The general rate of duty will be 3.7 percent ad valorem. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 2812.90.0090, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 2812.90.0090, HTSUS, listed above. The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively. 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 (EPA).  Information on the TSCA can be obtained by contacting the EPA at Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W., Washington, D.C., 20460, by calling the Toxic Substances Control Act Hotline at 800-471-7127, by e-mailing 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 at https://hts.usitc.gov/current This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Nuccio Fera at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division