CLA-2-32:OT:RR:NC:2:236

Mr. Ted Weiss
T.H. Weiss, Inc.
2 Johnson Road
Lawrence, New York 11559

RE: The tariff classification of calcium carbonate pigment from Germany

Dear Mr. Weiss:

In your letter dated June 12, 2009 you requested a tariff classification ruling on behalf of FR Pigments Inc.

The sample you submitted was analyzed by our laboratory.

Your product is described as a white powder of pigment fineness composed essentially of calcium carbonate with a small amount of titanium dioxide. The item will be marketed to the paint and paper industries.

You have suggested the classification of HTS 2836.50.0000 which provides for calcium carbonate. However, your product is a pigment preparation based on calcium carbonate with titanium dioxide.

The applicable subheading for the calcium carbonate pigment will be 3206.49.6050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other coloring matter; preparations as specified in note 3 to this chapter, other than those of heading 3203, 3204 or 3205; inorganic products of a kind used as luminophores, whether or not chemically defined: Other coloring matter and other preparations: Other: Other: Other. The rate of duty will be 3.1% ad valorem.

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 on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Debra Wholey at (646) 733-3034.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division