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

M. Andrew Gray
W.R. Grace & Co.-Conn.
7500 Grace Drive
Columbia, MD 21044

RE: The tariff classification of synthetic amorphous silicon dioxide, from Germany

Dear Mr. Gray:

In your ruling request dated November 13, 2012, you requested a tariff classification ruling on two grades of synthetic amorphous silicon dioxide (CAS no. 7631-86-9). Samples of the products was submitted and analyzed by the Customs and Border Protection Laboratory.

Product “A” is described as white, odorless, powder. The submitted documentation further indicates that product “A” is amorphous silicon dioxide, chemically prepared (CAS no. 7631-86-9). Product “B” is described as white, odorless, powder containing less than 5% citric acid used as a preservative. The submitted documentation further indicates that product “B” is amorphous silicon dioxide, chemically prepared (CAS no. 7631-86-9). The Customs and Border Protection Laboratory report indicates that both of these products are synthetic silica gels.

The applicable subheading for both grades of synthetic amorphous silicon dioxide will be 2811.22.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other inorganic oxygen compounds of nonmetals: Silicon dioxide: Synthetic silica gel. The general rate of duty will be 3.7 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