CLA-2-32:OT:RR:NC:2:236
M. Andrew Gray
W.R. Grace & Co.-Conn.
7500 Grace Drive
Columbia, MD 21044
RE: The tariff classification of anti-corrosive pigment from an undisclosed country
Dear Mr. Gray:
In your ruling request dated August 28, 2012, on behalf of W.R. Grace & Co.-Conn., you requested a tariff classification ruling on anti-corrosive pigment. A sample of the product has been submitted for review and will be returned as requested.
The product is described as a high performance anti-corrosion pigment, which is easily dispensable, non-toxic, and in the form of a white, odorless powder. The submitted documents indicate that the product at issue is mainly used for water-borne paint systems, general industrial coatings, maintenance and protective coating applications, and automotive paints.
You have suggested that this product is correctly classified in subheading 3824.90.3900, Harmonized Tariff Schedule of the United States (HTSUS), as “…Mixtures of two or more inorganic compounds…” However, we have determined that this product is not a mixture of heading 3824 (HTSUS).
The applicable subheading for the anti-corrosive pigment will be 3206.49.6050, HTSUS, which provides for Other coloring matter; preparations as specified in note 3 to this chapter, other than those of 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 general rate of duty will be 3.1 percent ad valorem.
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) 733-3034.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division