CLA-2-32:RR:NC:FC:236 A82920
Mr. William R. Bronner
Kronos, Inc.
P.O. Box 700
Wyckoffs Mill Road
Highstown, NJ 08520
RE: The tariff classification of Kronos Titanium Dioxide Grades 1000, 1050, 2071(u), 3320, 3328, and 3333 from Canada
Dear Mr. Bronner:
In your letter dated April 18, 1996, you requested a tariff classification ruling.
This letter will be given confidential treatment based on the facts you supplied to support your claim for exemption from disclosure.
The applicable subheading for the Kronos Titanium Dioxide Grades 1000, 1050, 2071(u), 3320, 3328, and 3333 will be 3206.11.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for pigments and preparations based on titanium dioxide: Containing 80 percent or more by weight of Titanium dioxide calculated on the dry weight. The column 1 general rate of duty will be 6 percent ad valorem.
Under General Note 12 of the HTS, goods originating in the territory of a party to the North American Free Trade Agreement (NAFTA) are subject to duty as provided therein. However, there is insufficient information concerning the origin of the materials used in the manufacture of the goods under consideration and their regional values, if applicable, to determine eligibility at this time under the NAFTA column 1 special rate.
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.
In your letter, you also request a change in the tariff classification on entries of the products that are the subject of this ruling, entered between January 1, 1995 and April 1996 that are unliquidated, and reliquidation pursuant to 19 USC 1520 (c) for entries of these products liquidated subsequent to January 1, 1995.
Any claim or protest against the liquidation of an entry should be filed in accordance with 19 CFR 173/4 with the district/port director at the port where the entries were filed. Changes in classification on unliquidated entries should also be addressed to the district/port director at the port where the entries were filed. Unfortunately, under the Customs automated systems now in place, it is often difficult to effect changes in classification prior to liquidation. Therefore, we suggest that you follow the filing procedures for claims and protests as mentioned above if an erroneous liquidation should occur.
If you have any questions regarding the ruling, contact National Import Specialist V. Gualario at 212-466-5744.
Sincerely,
Roger J. Silvestri
Director
National Commodity
Specialist Division