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NY K81233

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March 15, 2004

CLA-2:RR:NC:2:126 NY K81233

CATEGORY: CLASSIFICATION

TARIFF NO.: 3207.40.5000; 3207.40.1000

Ms. Brenda Wangel
The Janel Group of New York
150-14 132nd Avenue
Jamaica, NY 11434

RE: The tariff classification of silica grits and silica powder from Germany

Dear Mr. Wangel:

In your letter, dated November 17, 2004, on behalf of Tecnolux, you requested a tariff classification ruling regarding colored flakes (“silica grits”) and colored powder (“silica powder”), as well as cable and transformers.

Samples of the silica grits and silica powder were submitted with your ruling request. These samples were forwarded to our Customs laboratory for analysis. We have now received the analysis from our laboratory.

This is a split ruling. The cable and transformers were addressed in ruling K81289 dated December 17, 2003. This ruling (file K81233) only addresses the silica grits and silica powder.

Analysis by our Customs laboratory determined that both the silica grits and the silica powder are glass frit.

The silica grits are in the form of flakes. Our laboratory determined that the flake size for the silica grits is larger than 0.5 millimeter.

According to our laboratory, the grain size for the silica powder is under 0.5 millimeter.

The applicable subheading for the silica grit will be 3207.40.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for glass frit and other glass, in the form of powder, granules or flakes: other. The rate of duty will be 6.5 percent ad valorem.

The applicable subheading for the silica powder will be 3207.40.1000, HTS, which provides for glass frit and other glass in the form of powder, granules or flakes: ground or pulverized. The rate of duty will be 6 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 Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski
Director
National Commodity

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See also:

• Tariff No.: 3207.40.10 - Glass frit and other glass, ground or pulverized
• Tariff No.: 3207.40.50 - Glass frit and other glass, in the form of granules or flakes