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NY K83558




March 15, 2004
CLA-2-68:RR:NC:1:126 K83558

CATEGORY: CLASSIFICATION

TARIFF NO.: 2849.20.2000, 6805.20.0000, 7205.10.0000

Ms. Jane Ching
Unity Customs Brokers
11099 South La Cienega Blvd.
Suite 276
Los Angeles, CA 90045

RE: The tariff classification of black silicon carbide, an abrasive article and stainless steel cut wire from China

Dear Ms. Ching:

In your letter dated February 18, 2004, on behalf of your client, S.L. Fusco, Inc., you requested a tariff classification ruling. Representative samples of the items you wish to import were submitted with your ruling and will be returned to you as requested.

In your letter, item number two is identified as “Black Silicon Carbide” - GBS0450. You stated that the article is produced in 16 grit sizes. It will be used in the manufacturing of grinding wheels, the sand blasting of metal products, as a non-slip abrasive for floors, nail files, and to polish stones in the gemology industry.

The applicable subheading for the black silicon carbide will be 2849.20.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for carbides, whether or not chemically defined: of silicon: in grains, or ground, pulverized or refined. The rate of duty will be 0.5 percent ad valorem.

Item number three is identified as “Stainless Steel Cut Wire” - GBW2880. You stated this product is available in a variety of sizes including 1.385 mm, .4 mm and .5 mm and will be used to sand blast metal products.

Steel granules are defined in Chapter 72 Note 1. (h) as “Products of which less than 90 percent by weight passes through a sieve with a mesh aperture of 1 mm and of which 90 percent or more by weight passes through a sieve with a mesh aperture of 5 mm”. You have confirmed with the manufacturer that the subject merchandise does, in fact, meet this definition.

The applicable subheading for the stainless steel cut wire will be 7205.10.0000, HTS, which provides for granules and powders, of pig iron, speigeleisen, iron or steel, granules. The rate of duty will be free.

Item number five is identified as “Silicon Carbide Waterproof Paper Rolls” - CRF5925. It is produced from a base of paper that is coated with the abrasive material (silicon carbide). The article will be imported in rolls and will be used to manufacture nail files.

The applicable subheading for the abrasive paper rolls will be 6805.20.0000, HTS, which provides for natural or artificial abrasive powder or grain, on a base of paper or paperboard only, whether or not cut to shape or sewn or otherwise made up. The rate of duty will be free.

In order to issue a classification ruling on item number one - “Fused Silica” - GLA8800 and item number four “Brown Aluminum Oxide Nugget” - GT00105, the following additional information is required.

Please indicate how the fused silica is produced or derived. Precise production process should be fully described.

Complete chemical composition of “fused silica” should be provided along with flow chart indicating every step in the production process. Every step at which the molecular structure of the material is changed should be indicated.

Is this material glass? Does it contain over ninety-five percent silica by weight?

Regarding the brown aluminum oxide nugget, describe the method of production (i.e., natural or synthetic). Is the aluminum oxide nugget simply derived from the earth? If so, please describe the precise manner in which it is worked.

Is the brown aluminum oxide nugget produced synthetically? If so, please describe the precise method of manufacture. Even if the production begins with a natural mineral, if the molecular structure is changed during processing, the ultimate product will be regarded as synthetic. Please provide a full flow chart detailing the production of this item and indicating every step at which the molecular structure changes.

When this information is available, you may wish to consider resubmission of your request regarding the fused silica and the brown aluminum oxide.

If you resubmit the request, please resubmit the samples of these items as well as a copy of your original letter and attachments.

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,

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