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NY A82908





May 28, 1996

CLA-2-38:RR:NC:FC:239 A82908

CATEGORY: CLASSIFICATION

TARIFF NO.: 3824.90.9050

Mr. Rolando A. Tijerina
Crystal Environmental Services, Inc.
102 E. Carlton Road, Suite 3
Laredo, TX 78041

RE: The tariff classification of Drilling Muds and Cuttings from Mexico.

Dear Mr. Tijerina:

In your letter dated April 24, 1996, you requested a tariff classification ruling for drilling muds and cuttings. You have stated that the drilling mud is manufactured in the United States and subsequently exported to Mexico where it is used to perform drilling operations. The "mud" is utilized by the drilling companies in the prevention of well blow-outs during the drilling phase of the operation. The article, in its waste state, is returned to the United States for disposal.

The imported merchandise is composed of 48.48 percent clays (solids), 36 percent water, 15.5 percent diesel, and .02 percent dissolved salt.

The applicable subheading will be 3824.90.9050, Harmonized Tariff Schedule of the United States (HTS), 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; residual products of the chemical or allied industries, not elsewhere specified or included: other. The rate of duty will be 5 percent ad valorem.

Articles classified under HTS subheading 3824.90.9050 which area products of Mexico are entitled to a reduced rate of duty under the provisions of the North American Free Trade Agreement upon compliance with all applicable regulations.

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 Thomas Brady at 212-466-5747.

Sincerely,

Roger J. Silvestri
Director

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