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NY N007889




April 24, 2007

CLA-2-69:RR:NC:1:128

CATEGORY: CLASSIFICATION

TARIFF NO.: 6909.19.5095

Mr. Jonathan Robbins
CMC Cometals
2050 Center Avenue, Suite 250
Fort Lee, NJ 07024

RE: The tariff classification of aluminosilicate ceramic proppants from China.

Dear Mr. Robbins:

In your letter dated February 8, 2007, you requested a tariff classification ruling.

The merchandise is identified as aluminosilicate ceramic proppants. A sample of the material in question was submitted and sent to the U.S. Customs and Border Protection laboratory for analysis. In your letter you indicate that the proppant is an aluminosilicate ceramic product, for gas and oil well fracturing. Hydraulic fracturing is a well stimulation technique designed to increase the productivity of a well by creating highly conductive fractures or channels in the producing formation surrounding the well. The process normally involves injecting a fluid at a sufficient rate and pressure to rupture the formation thereby creating a crack or fracture in the rock, and thereafter placing a particulate material or propping agent in the formation to maintain the fracture walls open by resisting forces tending to close the fracture.

The proppant is formed through crushing operations on bauxite clay to obtain particles of a desired size, agglomerating the particles to form pellets, and subjecting the pellets to a combined sintering and calcining process to thereby produce an aluminosilicate ceramic proppant.

The submitted sample consists of very fine spherical grains. Laboratory analysis has found that the sample consists principally of aluminum oxide with small amounts of other elements present and that is has the characteristics of a ceramic. The hardness is less than 9 on the Mohs scale.

The applicable subheading for the aluminosilicate ceramic proppants will be 6909.19.5095, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Ceramic wares for laboratory, chemical or other technical uses: Other: Other, Other.” The rate of duty will be 4% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Sharon Chung at 646-733-3028.

Sincerely,

Robert B. Swierupski
Director,

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