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NY E85394




November 2, 1999

CLA-2-26:RR:NC:1:118 E85394

CATEGORY: CLASSIFICATION

TARIFF NO.: 2601.11.0090

Mr. Robert D. Sheehan
Platinoro S.A. c/o POB 15318
West Palm Beach, FL 33416

RE: The tariff classification of refractory gold and silver ore from Honduras.

Dear Mr. Sheehan:

In your letter dated July 20, 1999, you requested a tariff classification ruling. The delay in our response was attributed to the fact that your sample was sent to our Laboratory for chemical analysis.

You stated that the sample submitted with your inquiry is a refractory gold and silver ore. It is generally found naturally occurring in grains less than ¼” in size, elements, and consists predominately of metal oxides and silica. The ore is a feedstock for the extraction of gold and silver. The ore is a granular brown powder, composed of non-agglomerated iron ore containing small amounts of titanium and aluminum plus other elements.

The applicable subheading for the ore will be 2601.11.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for iron ores and concentrates, including roasted iron pyrites: iron ores and concentrates, other than roasted iron pyrites: non-agglomerated: ores: other. The duty rate will be free.

Consideration was given to classifying this product under subheading 2616.90.00, HTS, as you have suggested. Although gold and silver were declared to be evident with your submission, our Customs Laboratory in New York has determined that your sample contains no detectable amounts of gold or silver. Therefore, that subheading is inappropriate.

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

A copy of this 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 Kathy Campanelli at 212-637-7025.

Sincerely,

Robert B. Swierupski
Director

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