CLA-2-25:RR:NC:FC:236 A84999

Mr. M.L.S. Cook
President
Socratica Research Institute
PO Box 3291
Ashland, Oregon 97520-0245

RE: The tariff classification of PENAC Quartz Meal/Sand (Silica) and Calcium Carbonate (Chalk) powder from Germany

Dear Mr. Cook:

In your letter dated June 17, 1996, you requested a tariff classification ruling.

The sample of PENAC Quartz Meal/Sand (Silica) you submit is a fine off white powder. You states that it is a silicon based material mined in Germany and not treated with any chemicals or additives, and not washed or heated during the process or prior to packaging for shipment.

The sample of calcium carbonate you submit is a fine off white powder. You states that it is a calcium based material mined in Germany and not treated with any chemicals or additives, and not washed or heated during the process or prior to packaging for shipment. It is also described in accompanying literature as chalk.

The applicable subheading for the PENAC Quartz Meal/Sand (Silica) will be 2505.10.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for natural sands of all kinds, whether or not colored, other than metal-bearing sands of chapter 26: Sand containing by weight 95 percent or more of silica and not more than 0.6 percent of oxide of iron. The rate of duty will be Free.

The applicable subheading for the Calcium Carbonate will be 2509.00.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for Chalk: Other. The rate of duty will be 0.8 percent ad valorem.

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 V. Gualario at 212-466-5744.

Sincerely,

Roger J. Silvestri
Director
National Commodity
Specialist Division