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

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

RE: The tariff classification of Titanium Oxide from Canada

Dear Mr. Constantine:

In your ruling request received December 21, 2015, you requested a tariff classification ruling on Titanium Oxide.

You describe the product at issue as “Titanium Oxide Thermal Spray Powder” and indicate that it is composed of 99.7% Titanium Oxide. You state that this product can be used for flame spraying, high velocity oxy fuel spraying, atmospheric plasma spraying, and vacuum plasma spraying. You further state that this product does not meet the NAFTA rules of origin.

The applicable subheading for Titanium Oxide will be 2823.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Titanium oxides. The general rate of duty will be 5.5 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 [email protected].

Sincerely,

Deborah C. Marinucci
Acting Director
National Commodity Specialist Division