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NY H89364




April 4, 2002

CLA-2-69:RR:NC:2:227 H89364

CATEGORY: CLASSIFICATION

TARIFF NO.: 6909.11.4000

Mr. Charles M. Watson
R.L. Swearer Company, Inc.
P.O. Box 471
Sewickley, PA 15143-0471

RE: The tariff classification of industrial ceramic tiles from Brazil.

Dear Mr. Watson:

In your letter dated March 6, 2002, on behalf of Saint-Gobain Advanced Ceramics, you requested a tariff classification ruling.

The subject merchandise, which is referred to as ceramic “Hex Tiles,” is small hexagonal-shaped porcelain tiles of alumina measuring from 1/8 to ¾ inch in thickness. They are used in various industries to line high-wear areas in fabrications with curved surfaces. Moreover, these tiles, being used under the maximum temperature of 1250 degrees centigrade, are stated to offer superior wear resistance and desirable corrosion performance.

You indicate that this merchandise may be classified under subheading 6902.20.1010, Harmonized Tariff Schedule of the United States (HTS), which provides for refractory bricks, blocks, tiles and similar refractory ceramic constructional goodscontaining by weight more than 50 percent of aluminabricks, alumina. However, since it has been determined that the subject tiles are not designed for high-temperature work for tariff purposes, consideration of classification under subheading 6902.20.1010, HTS, is precluded.

The applicable subheading for these industrial ceramic tiles will be 6909.11.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for ceramic wares for laboratory, chemical or other technical usesof porcelain or china: other. The rate of duty will be 4.5 percent ad valorem.

Articles classifiable under subheading 6909.11.4000, HTS, which are products of Brazil may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" and then search for the term "T-GSP".

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 George Kalkines at 646-733-3028.

Sincerely,

Robert B. Swierupski
Director,

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