CLA-2-26:OT:RR:NC:N2:226
Ms. Deema Mahmoud
Ceno Technologies, Inc.
1234 Delaware Avenue
Buffalo, NY 14209
RE: The tariff classification of cenospheres from China and India
Dear Ms. Mahmoud:
In your letter, received June 19, 2012, you requested a tariff classification ruling regarding cenospheres from
China and India.
Samples of these products (item numbers CTB-75, CTB-150 and CTB-500) were submitted with your ruling
request. These samples were sent to our Customs and Border Protection Laboratory for analysis. Our
laboratory has now completed its analysis.
The products are powders consisting mostly of spherical particles less than one millimeter in
diameter.
You advised us that the cenospheres are composed principally of silica and alumina. The information
submitted with your ruling request indicates that this merchandise is produced as a byproduct of coal
combustion. The material submitted with your ruling request describes the cenospheres as particles which
are derivatives of flyash.
Your letter stated that the cenospheres will be used in a variety of products, principally as fillers. They will be used as fillers in cement to produce low density concrete. They can also be used as fillers in metals and polymers. You stated that they will not be used for the derivation of metal.
Analysis of the samples by our Customs and Border Protection laboratory indicated that the cenospheres are principally composed of compounds of aluminum and silicon. Our laboratory determined that these products
were not ceramics. According to our laboratory’s analysis, the composition of this material is consistent with the composition of a derivative of fly ash. Our laboratory also determined that the cenospheres could not be
used as a source for the derivation of metals.
The applicable subheading for the cenospheres (CTB-75, CTB-150 and CTB-500) will be 2621.90.0000,
Harmonized Tariff Schedule of the United States (HTSUS), which provides for other slag and ash,
including seaweed ash (kelp); ash and residues from the incineration of municipal waste: 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 Jacob Bunin at 646-733-3027.
Sincerely,
Thomas J. Russo
Director
National Commodity
Specialist Division