CLA-2-25:OT:RR:NC:N2:237
Mr. Mannie Birk
Singh Universal Networks, Inc.
P. O. Box 66571
A.M.C. O’Hare
Chicago, IL 60666
RE: The tariff classification of WA-11 aluminum silicate (CAS-1332-58-7) from various countries.
Dear Mr. Birk:
In your letter dated December 1, 2009 you requested a tariff classification ruling. You provided a narrative and sample that was examined and disposed of.
The intended import is kaolin clay extruded into noodle-like shapes, passed through a kiln for calcination. The calcined clay is grounded into particles which are put up in super sacks for shipping.
The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation of the HTSUS. While not legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings at the international level. See T.D. 89-80, 54 Fed. Reg. 35127 (Aug. 23, 1989). The EN to Chapter 2507 is applicable to your products and provides: This heading covers kaolin and other kaolinic clays, the main constituents of which are kaolin minerals such as kaolinite, dickite and nacrite, anauxite, and halloysite. Such clays remain in the heading even when calcined.
The applicable subheading for the WA-11 aluminum silicate will be 2507.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Kaolin and other kaolinic clays, whether or not calcined. The rate of duty will be Free.
This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U. S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460, by calling the TSCA Assistance Line at (202) 554-1404, by Fax at (202) 554-5603, by e-mail to: [email protected] or by visiting their website at www.epa.gov
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 Frank Cantone at (646) 733-3038.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division