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NY J87416




August 8, 2003

CLA-2-32:RR:NC:2:238 J87416

CATEGORY: CLASSIFICATION

TARIFF NO.: 3206.49.2000

Axel E. Jungk, Ph.D.
Smart Landscape Colors Inc.
15, Rue de L’Atlantique
Bromont, QC. J2L 2R3
Canada

RE: The tariff classification of SMARTINTS™ mixed pigment powders, SMART LIQUES™ liquid pigment preparations and SMARTLINS™ micro granular pigment preparations from Canada

Dear Dr. Jungk:

In your letter dated June 18, 2003, received by this office on July 15, 2003, you requested a tariff classification ruling.

SMARTINTS™ mixed pigment powders consist of mixed pigment powders prepared by mixing various iron oxide powders with other iron oxide powders and/or granulated iron oxides.

SMART LIQUES™ liquid pigment preparations consist of liquid pigment preparations obtained by mixing one or more iron oxide powders with water, surfactants, anti-settling agents and other additives, and then grinding the iron oxides in the wet state with high speed agitators and dispersers for approximately 30 minutes.

SMARTLINS™ micro granular pigment preparations consist of micro granular pigment preparations obtained by mixing one or more iron oxide powders with water, surfactants and other additives, grinding the iron oxides in the wet state with high speed agitators and dispersers, followed by atomizing the liquid iron oxide preparation (via a high pressure pump) in a spray tower and then drying the resulting fine droplets by letting them fall through hot air. You state that the drying process
allows the droplets to shrink and form tiny little “pearls” like those found in spray dried instant coffee or spray dried milk.

You indicate in your letter that the subject products are used for coloring various products, such as concrete and mulch. You further indicate that there is no specific recipe for any of your products, since the colors and the properties of the raw materials vary, necessitating a different recipe for each batch.

The applicable subheading for SMARTINTS™ mixed pigment powders, SMART LIQUES™ liquid pigment preparations and SMARTLINS™ micro granular pigment preparations will be 3206.49.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other coloring matter, preparations as specified in Note 3 to this chapter, other than those of heading 3203, 3204 or 3205; inorganic products of a kind used as luminophores, whether or not chemically defined: Other coloring matter and other preparations: Other: Preparations based on iron oxides.” The general rate of duty will be 6.5 percent ad valorem.

This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which is administered by the U.S. Environmental Protection Agency. You may contact them at 401 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (732) 321-6669.

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 Harvey Kuperstein at 646-733-3033.

Sincerely,

Robert B. Swierupski

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