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NY 891674

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December 7, 1993

CLA-2-38:S:N:N7:235 891674

CATEGORY: CLASSIFICATION

TARIFF NO.: 3823.90.5050

Mr. Edward K. Waldinger
Traffic Manager
B.I. Chemicals, Inc.
50 Chestnut Ridge Road
Montvale, New Jersey 07645

RE: The tariff classification of a mixture of silicon dioxde and an organic compound, from Germany.

Dear Mr. Waldinger:

In your letter dated October 11, 1993, you requested a tariff classification ruling.

According to your letter and other information obtained from research material, this product is a synthetic silicon dioxide which has been coated with an organic compound. It is prepared to be used especially in chromotography. Chapter 28 is limited to compounds which are chemically defined. Since this product in our opinion is not chemically defined it cannot be classified in chapter 28.

The applicable subheading for the product described above will be 3823.90.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for chemical mixtures not elsewhere indicated. The rate of duty will be 5 percent ad valorem.

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
Area Director

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