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NY 897620




September 7, 1994

CLA-2-25:S:N:N3:226 897620

CATEGORY: CLASSIFICATION

TARIFF NO.: 2530.90.00

Mr. Jim Buchanan
FMC Corporation
Lithium Division
449 North Cox Road
Box 3925
Gastonia, North Carolina 28054-0020

RE: The tariff classification of lithium brine water from Argentina

Dear Mr. Buchanan:

In your letter dated April 13, 1994 you requested a tariff classification ruling regarding lithium brine water. A sample of the product was submitted with your ruling request. This sample was sent to our Customs laboratory for analysis.

In a telephone conversation with this office and in the material which you submitted with your ruling request, you described the product in the following manner. The merchandise is naturally occurring water containing some minerals including lithium chloride. Prior to importation, the water is allowed to evaporate in the sun (to a limited degree). After evaporation, the product contains approximately six percent lithium chloride (with smaller amounts of other minerals) and ninety four percent water.

You stated that no ingredients are added to this naturally occurring product. The water is simply derived from the earth and allowed to evaporate to a limited extent. No other processing takes place. Analysis of the sample by our Customs laboratory has verified that the product is composed of 94 percent water and 6 percent lithium chloride derived by evaporating naturally occurring brine water.

The applicable subheading for the lithium brine water will be 2530.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for mineral substances not elsewhere specified or included: other. The duty rate will be free.

2

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire

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