CLA-2-28:OT:RR:NC:2:236

Ms. Tirta Suryadi Halim
T Customs Broker, Inc
5777 W. Century Blvd. #965
Los Angeles, CA 90045

RE: The tariff classification of Tripotassium Phosphate (CAS # 7778-53-2), Monopotassium Phosphate (CAS# 7778-77-0), Magnesium Hydroxide (CAS# 1309-42-8), Xanthan Gum (X-Gum), and Fused Magnesium Oxide.

Dear Ms. Halim:

In your eRuling request submitted August 15, 2011, on behalf of Eoncoats LLC, you requested a tariff classification ruling for five products.

The first product is described as Tripotassium Phosphate (CAS # 7778-53-2), the second product is described as Monopotassium Phosphate (CAS# 7778-77-0), the third product is described as Magnesium Hydroxide (CAS# 1309-42-8), the fourth product is described as Xanthan Gum (X-Gum), and the fifth product is described as Fused Magnesium Oxide.

The applicable subheading for the Tripotassium Phosphate (CAS # 7778-53-2) will be 2835.39.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Phosphinates (hypophosphites), phosphonates (phosphites) and phosphates; polyphosphates, whether or not chemically defined: Polyphosphates: Other: Of potassium. The duty rate will be 3.1 percent ad valorem.

The applicable subheading for the Monopotassium Phosphate (CAS# 7778-77-0) will be 2835.24.0000, (HTSUS), which provides for Phosphinates (hypophosphites), phosphonates (phosphites) and phosphates; polyphosphates, whether or not chemically defined: Phosphates: Of potassium. The duty rate will be 3.1 percent ad valorem.

The applicable subheading for the Magnesium Hydroxide will be 2816.10.0000, (HTSUS), which provides for Hydroxide and peroxide of magnesium; oxides, hydroxides and peroxides of strontium or barium: Hydroxide and peroxide of magnesium. The duty rate will be 3.1 percent ad valorem.

The applicable subheading for the Xanthan Gum (X-Gum) will be 3913.90.2000, (HTSUS), which provides Polysaccharides and their derivatives. The rate of duty will be 5.8% ad valorem.

The applicable subheading for the Fused Magnesium Oxide will be 2519.90.1000, HTSUS, which provides for Natural magnesium carbonate (magnesite); fused magnesia; dead-burned (sintered) magnesia, whether or not containing small quantities of other oxides added before sintering; other magnesium oxide, whether or not pure: Other: Fused magnesia and dead-burned (sintered) magnesia. 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., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, 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 Nuccio Fera at (646) 733-3434.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division