CLA-2-28:S:N:N7:236 880760

Ms. Karen K.Davis
Import Representative
Miles Inc.
Mobay Road
Pittsburgh, PA 15205-9741

RE: The tariff classification of Bayertitan A-X (Titanium Dioxide) from Germany.

Dear Ms. Davis:

In your letter dated November 23,1992, you requested a tariff classification ruling.

Sample submitted to the United States Customs Laboratory has been reported out as titanium dioxide (Ti02), which is unmixed) and not surface- treated.

Explanatory Notes of the Harmonized Tariff Schedules (32.06) (1) pg. 458 indicates that Ti02 which is unmixed and has not been surface-treated is classified under heading 28.23.

The applicable subheading for the Bayertitan A-X will be 2823.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for titanium oxides. The duty rate will be 6 percent ad valorem. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport