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NY I89568




January 21, 2003

CLA-2-32:RR:NC:2:236 I89568

CATEGORY: CLASSIFICATION

TARIFF NO.: 3206.11.0000, 3206.19.0000, 9903.27.06

Karl F. Krueger
Danzas AEI Customs Brokerage Services
29200 Northwestern Highway
Southfield, MI 48034

RE: The tariff classification of Titanium Dioxide Grade R-02 from the Ukraine

Dear Mr. Krueger:

In your letter dated December 9, 2002, you requested a tariff classification ruling on behalf of your client, Connell Brothers Company.

No sample was provided with the ruling request. Your letter indicates the Titanium Dioxide Grade R-02 has a Chemical Abstract Service (CAS) number of 13463-67-7, has the chemical makeup of TiO2 and water in suspension, and has undergone a surface treatment of Al+Si.

The applicable subheading for the Titanium Dioxide Grade R-02, when containing 80 percent or more by weight of titanium dioxide calculated on the dry matter, will be 3206.11.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other coloring matter;Pigments and preparations based on titanium dioxide: Containing 80 percent or more by weight of titanium dioxide calculated on the dry matter. The rate of duty will be 6 percent ad valorem.

The applicable subheading for the Titanium Dioxide Grade R-02, when containing less than 80 percent by weight of titanium dioxide calculated on the dry matter, will be 3206.19.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other coloring matter;Pigments and preparations based on titanium dioxide: Other. The rate of duty will be 6 percent ad valorem.

The Harmonized Tariff Schedule of the United States has been modified by adding in numerical sequence the following superior text and subheading to subchapter III of chapter 99 to the HTS:

Articles the product of Ukraine:

Pigments and preparations based on titanium dioxide (provided for in Subheading 3206.11.00 or 3206.19.00)

Under this provision, the Titanium Dioxide Grade R-02 from the Ukraine, classified under subheadings 3206.11.0000 and 3206.19.0000, HTS, is subject to a 100 percent ad valorem rate of duty.

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 Deborah Walsh at (646) 733-3034.

Sincerely,

Robert B. Swierupski
Director,

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