CLA-2-25:RR:NC:1:126 K83826

Mr. Edward Allen
International Mining Research & Development Limited (IMRDL)
Administrative Offices:
Capital House
2 Michael Road
London SW6 2AD
England

RE: The tariff classification of volcanic basaltic crushed rock from Australia

Dear Mr. Allen:

In your letter dated February 24, 2004, you requested a tariff classification ruling. A representative sample of the product you wish to import was submitted with your ruling request.

You stated in your letter that the product, MR-250, is a volcanic basaltic crushed rock that primarily consists of calcium and magnesium silicates. The product will be used to replenish the soil to produce better crops.

You indicated in your letter that the only processing performed on the rock after retrieving from the quarry is crushing. The rock is crushed between 50mm to 250 microns in diameter. The rock is not mixed with any other rock dusts or any other minerals.

The applicable subheading for the volcanic crushed rock will be 2517.49.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for granules, chippings and powder, of stones of heading 2515 or 2516, whether or not heat-treated: other. The rate of duty will be free.

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 Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division