CLA-2 CO:R:C:G 086734 H
Mr. Robert Salzman
Glass Fab Inc.
P.O. Box 1880
Rochester, New York 14603
RE: Astrosital Glass ceramic ingots
Dear Mr. Saltzman:
This in reference to your inquiry concerning the tariff
classification of astrosital glass ingots, from Russia, under the
Harmonized Tariff Schedules of the United States (HTSUS).
FACTS:
Astrosital low expansion glass ceramic is said to have an
over 95 percent quartz content. It is used for optical mirrors
and low expansion mechanical applications. Samples of the
ingots, small cylindrical pieces, were submitted.
ISSUE:
Whether the glass ceramic ingots are classifiable under
the provision for cultured crystals, weighing not less than 2.5g
each, in the form of ingot in subheadinG 3823.90.11, HTSUS, the
provision for other qlass in the mass in subheading 7001.00.20,
HTSUS, or an optical element of c, lass in subheadin% 7014.00.20,
HTSUS.
LAW AND ANALYSIS:
The samples provided disclose that the import is glass-
ceramic in cylindrical ingot form. Glass ceramics are formed by
the nucieation of molten glass in a highly crystalline manner
around certain types of metal oxides. These in=ots are not
considered cultured cr~,~stals as described in the Explanatory
Notes to heading 3823; such cultured crystals are essentially
single component crystals grown from either solutions of
magnesium oxide or solutions of halides cf alkali or alkaline
earth metals. The astrosital glass-ceramic, on the other hand,
is formed by a totally different process:
- 2 -
molten silica crystallizes around nucleating crystals of
oxides of lithium and aluminum. As a result of this type of
crystallization, the crystalline ]_attices, which consist of
lithium aluminum silicates, are not as balancec as those found
in cultured crystals.
As to whether or not the product is an optical element
glass as found in subheading 7014.00.20, HTSUS, it is noted
that none of the properties associated with optical glass,
such as shape, focal plane or Abbe values are to be found in
the ingots. Furthermore, a review of the optical properties
of "sitall" glass ceramic shows it to have both index or
refraction and mean dispersion properties typical of any
glass-ceramic article.
The product is essentially a multi-phase solid, and
because of this, the transmission of light through the
product would be unpredictable, veering from a straight line
as it passes from one phase to the next. This is not
typical of an optical glass which must be more predictable and
specific. In other words, the properties are such that it
would be unsuitable for optical use, which requires accurate,
precise, manipulation of light rays. The Explanatory Notes
to heading 7014 show that the products considered in the
provision are such things as lenses for automobile headlamps,
road traffic lights, panel lights, etc., and blanks of
optical elements that require optical working. Since the
import is a rough ingot to be manufactured, it can not be
considered to have .properties required to produce optical
effects, and it is unlikely that the product would underoo
optical working.
HOLDING:
Based on the evidence submitted concerning the nature of
product, it is concluded that the astrosital glass ingots
are classifiable under the provision for other glass in the
mass, not consisting of fused quartz or other fused silica,
in subheading 7001.00.20, HTSUS. The rate of duty for a
product of Russia is 50 percent ad valorem.
Sincerely,
Jerry Laderberg
Acting Director
Commercial Rulings Division