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NY N021132




March 13, 2008

CLA-2-25:OT:RR:NC:1:126

CATEGORY: CLASSIFICATION

TARIFF NO.: 2505.10.1000; 2505.10.5000

Mr. Jason Hong
Global Dynamic Partners
15605 Calverton Drive
La Miranda, CA 90638

RE: The tariff classification of silica sand from Peru

Dear Mr. Hong:

In your letter dated December 10, 2007, you requested a tariff classification ruling regarding silica sand from Peru.

A sample was submitted with your ruling request. This sample was sent to our Customs and Border Protection laboratory for analysis. The laboratory has now completed its analysis.

In your letter you indicated that the sand is in its natural state. After extraction from the earth, it is simply washed with water to eliminate impurities.

Mr. Benson of your office advised us that the product could contain trace amounts of aluminum and trace amounts of iron oxide. However, you stated that this product will not be used in order to obtain either the iron oxide or the aluminum for commercial use. Rather, the sand will be used as an ingredient in cement, glass and other products.

Our laboratory confirms that the sample is a natural silica sand which contains at least 95 percent silicon dioxide by weight and less than 0.6 percent iron oxide by weight.

Mr. Benson provided material which indicated that there could be variations in the precise composition of this silica sand.

When the silica sand - like the sample which was analyzed by our Customs and Border Protection laboratory - contains not less than 95 percent silica by weight and not more than 0.6 percent iron oxide by weight, the applicable subheading for the product will be 2505.10.1000, Harmonized Tariff Schedule of the United States (HTSUS) which provides for natural sandssilica sand and quartz sands: sand containing by weight 95 percent or more of silica and not more than 0.6 percent of oxide of iron. The rate of duty will be free.

However, when the silica sand contains less than 95 percent silica or more than 0.6 percent iron oxide, the applicable subheading for the product will be 2505.10.5000, HTSUS which provides for natural sandssilica sand and quartz sands: other. The rate of duty will be free.

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 Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski
Director,

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