CLA-2-26:S:N:N3:118 883558

Dr. J.M. Berty, P.E.
Berty Reaction Engineers, Ltd.
1806 Bent Pine Hill
Fogelsville, PA
18051-1501

RE: The tariff classification of Manganese Carbonate Ores from Hungary.

Dear DR. Berty:

In your letter dated March 2, 1993, you requested a tariff classification ruling on manganese carbonate ores from Hungary. Based on information which you provided in your letter and in a subsequent phone conversation, it is our understanding that this product is manganese carbonate ore as it occurs in the earth. It will be imported in condition as it occurs in the earth. You have indicated that it will contain approximately 42 percent manganese, and prior to importation, it will not be purified, enriched or fortified. Further, it is our understanding that this is a mineral of a species which is actually used in the metallurgical industry for the extraction of metals, but your importations are intended for nonmetallurgical purposes. That is, your importations will be used in the production of a catalyst to be used in the reduction of environmental air pollution problems. The applicable subheading for the manganese carbonate ores will be 2602.00.00, Harmonized Tariff Schedule of the United States (HTS), which provides for manganese ores and concentrates. The rate of duty will be Free.

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