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NY E85600




December 6, 1999

CLA-2-28:RR:NC:SP:236 E85600

CATEGORY: CLASSIFICATION

TARIFF NO.: 2833.21.0000

Mr. Scott Gillis
Barrington Industrial Service LTD
P.O. Box 3400, Stn B
Saint John, N.B. E2M 4X9

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a 50% aqueous solution of magnesium sulfate from Canada; Article 509

Dear Mr. Gillis:

In your letter dated June 23, 1999, you request a ruling on the status of 50% aqueous solution of magnesium sulfate from Canada under the NAFTA.

The applicable tariff provision for the 50% aqueous solution of magnesium sulfate will be 2833.21.0000, Harmonized Tariff Schedule of the United States Annotated, which provides for Sulfates; alums; peroxosulfates (persulfates): Other sulfates: Of magnesium. The general rate of duty will be 3.7 percent ad valorem.

The information you provide indicates that the raw material used to manufacture the 50% aqueous solutions is anhydrous magnesium sulfate imported into Canada from Germany where it is obtained by calcining a mineral known as Kieserite. Anhydrous magnesium sulfate obtained in this manner is also classified in subheading 2833.21.0000, HTS. Since there is no tariff change in the subheading, as required under General Notes 12 (b) and 12 (t) 28.25, the 50% aqueous solution of magnesium sulfate made in Canada is not eligible for treatment as goods originating in Canada under the NAFTA.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

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 V. Gualario at 212-637-7062.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229.

Sincerely,

Robert B. Swierupski
Director,

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