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NY J83810




June 23, 2003

CLA-2-28:RR:NC:2:236 J83810

CATEGORY: CLASSIFICATION

TARIFF NO.: 2811.22.1000, 2811.22.5000, 3824.90.9150

Mr. Charles Spoto
Alba Wheels Up International, Inc.
150-30 132nd Avenue, Suite 208
Jamaica, New York 11434

RE: The tariff classification of 4 grades of Silicon Dioxide “C-Gel” from Switzerland

Dear Mr. Spoto:

In your letter dated April 23, 2003, you requested a tariff classification ruling.

Samples were submitted for each of the four (4) grades of silicon dioxide “C-Gel”. The samples were analyzed by the New York Customs Laboratory.

The technical information you submitted indicates the bound water content of the “C-560 HYD” is over 5 percent. The applicable subheading for the C-gel “C-560 HYD” (40-63 microns, Lot 5718) will be 2811.22.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other inorganic acids and other inorganic oxygen compounds of nonmetals: Silicon Dioxide: Synthetic silica gel. The rate of duty will be 3.7 percent ad valorem.

The technical information you submitted indicates the bound water content of the both types of “C-560” is under 5 percent. The applicable subheading for the C-gel “C-560” (40-60 microns, Lot 4863 and 200-500 microns, Lot 4934), will be 2811.22.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other inorganic acids and other inorganic oxygen compounds of nonmetals: Silicon Dioxide: Other. The rate of duty will be Free.

The technical information you submitted for the “C-18 C-490” indicates hydrocarbon chains are chemically bonded to the silica gel surface. The applicable subheading for the C-gel “C18 C-490” (35-70 microns, Lot 1142) will be 3824.90.9150, Harmonized Tariff Schedule of the United States (HTS), which provides for Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other:Other. The rate of duty will be 5 percent ad valorem.

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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