CLA-2 RR:TC:FC 955455 ALS
Port Director of Customs
9400 Viscount
Suite 104
El Paso, TX 79925
RE: Request for Reconsideration of Internal Advice 28-93 (Headquarters Ruling Letter (HRL) 954018, Dated September 23, 1993, Regarding the Classification of "Masonry Cement" from Mexico
Dear Mr. Pitts:
This is in reference to the above request concerning HRL
954018 which held that the subject masonry cement was gray
portland cement classifiable in subheading 2523.29.0000,
Harmonized Tariff Schedule of the United States Annotated
(HTSUSA).
FACTS:
The product, as previously stated, consists of 75 percent
gray portland cement and 25 percent calcium carbonate
(limestone).
LAW AND ANALYSIS:
Subsequent to the issuance of HRL 954018, Cementos de
Chihuahua (CDC) and its U.S. affiliate, Mexcement, Inc.,
requested a clarification from the U.S. Department of Commerce as
to the scope of its Antidumping Order A-201-802 regarding Gray
Portland Cement and Clinker from Mexico.
On January 18, 1996, that Department ruled that CDC's Type S
masonry cement was not within the scope of the antidumping duty
order/finding covering gray portland cement and clinker from - 2 -
Mexico. They concluded that subject cement was: (a) a basic
masonry cement; (b) it has different physical and chemical
properties from gray portland cement; and (c) is sold and used as
masonry cement, i.e., for use in mortars.
That Department, as noted in Customs administrative message
7051114 of February 20, 1996, from the Director, Technical
Program Branch, Office of Field Operations, held that CDC's Type
S masonry cement was not subject to the above antidumping order
if it meets the following characteristics:
1. Air content greater 12 percent, tested in accordance with the requirements of ASTM designation C-91;
2. Water retention greater than 70 percent, tested in accordance with requirements of ASTM designation C-91;
3. Loss on ignition greater than 12 percent, tested in accordance with the requirements of ASTM designation
C-114;
4. Compressive strength less than 2000 PSI at seven days, and less than 2500 PSI at 28 days, tested in accordance
with the requirements of ASTM designation C-91;
5. Blaine fineness in excess of 5200 CM2 per gram, tested in accordance with the requirements of ASTM designation
C-204.
We understand that CDC and the Department of Commerce have
agreed that CDC will provide a certification with each future
entry of Type S masonry cement attesting to the physical and
chemical characteristics of the cement covered by each entry and
in compliance with the characteristics.
HOLDING:
Type S masonry cement from Mexico complying with the
antidumping order scope clarification issued by the Department of
Commerce, meeting the aforementioned physical and chemical
characteristics and accompanied by a certification by the Mexican
exporter attesting to such compliance, is to be classified in
subheading 2523.90.0000, HTSUSA. Merchandise so classified is
subject to a free general rate of duty. Merchandise so
classified is not subject to the assessment of antidumping duties
under antidumping order A-201-802.
- 3 -
HRL 954018 is revised pursuant to the scope clarification
issued by the Department of Commerce on January 18, 1996.
Sincerely,
John Durant, Director
Tariff Classification
Appeals Division