CLA-2-38:OT:RR:NC:N2:239

Christopher Constantine
Oerlikon Metco US, Inc.
1101 Prospect Avenue
Westbury, NY 11590

RE: The Classification of Fused Aluminum/Zirconium Oxide Powder (Al2O3/ZrO2) from Germany

Dear Mr. Constantine:

In your letter dated November 10, 2015, you requested a tariff classification ruling for fused aluminum/zirconium oxide powder (Al2O3/ZrO2). This ceramic spray powder can be used for flame spraying, high velocity oxy fuel spraying, atmospheric plasma spraying and vacuum plasma spraying.

You state that the subject merchandise is likely classified in subheading 2818.20.0000, Artificial corundum, whether or not chemically defined; aluminum oxide; aluminum hydroxide: Aluminum oxide, other than artificial corundum.

Harmonized Tariff Schedule of the United States (HTSUS), Chapter 28, Note 1(a), states: Except where the context otherwise requires, the headings of this chapter apply only to: Separate chemical elements and separate chemically defined compounds, whether or not containing impurities. The subject merchandise for the subject merchandise is a mixture of chemical substances which precludes classification in Chapter 28.

The applicable classification for all of the above will be in subheading 3824.90.3900, HTSUS, which provides for Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Mixtures of two or more inorganic compounds: Other. The rate of duty will be free.     

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 Patrick Day at [email protected].

Sincerely,

Gwenn Klein Kirschner
Director
National Commodity Specialist Division