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NY L82553





March 10, 2005

CLA-2-35:RR:NC:SP:236 L82553

CATEGORY: CLASSIFICATION

TARIFF NO.: 3405.90.0000

Mr. Manyu Li
Tyflong International, Inc.
P.O. Box 1913
Cranberry Township, PA 16066

RE: The tariff classification of Cerium Oxide based glass polishing powder comprised of rare earth oxides and kaolin from China

Dear Mr. Li:

In your letter dated January 23, 2005, you requested a tariff classification ruling.

In your letter, you suggest that the product should be classified under HTS# 2846.90.2010 as a mixture of rare earth oxides or 2846.10.000 as a cerium compound. Your descriptive literature and material safety data sheet indicate that your product is a cerium oxide based glass polishing powder comprised of rare earth oxides and kaolin. Based on our review of the composition, we have determined that this product is a polish. Therefore, we would classify this product under 3405.90.0000 HTS, a provision for polishes and creams for glass; other.

The applicable subheading for Cerium Oxide based polishing powder comprised of rare earth oxides and kaolin will be 3405.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for provides for Polishes and creams, for footwear, furniture, floors, coachwork, glass or metal, scouring pastes and powders and similar preparations (whether or not in the form of paper, wadding, felt, nonwovens, cellular plastics or cellular rubber, impregnated, coated or covered with such preparations), excluding waxes of heading 3404: Other. The rate of duty will be Free.

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 Debra Wholey at 646-733-3034.

Sincerely,

Robert B. Swierupski
Director,

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