CLA-2-25:OT:RR:NC:N2:237
Mr. Matthew A. McBride
ERAI
3495 Piedmont Road
Building 11, Suite 710
Atlanta, Georgia 30305
RE: The tariff classification of French Green Clay (montmorillonite) from France.
Dear Mr. McBride:
In your letter dated November 3, 2011, on behalf of Argile du Velay of Villefrance-sur-Saone in France, you requested a tariff classification ruling. You provided mineral composition and referenced technical articles in Clays and Clay Minerals 2008 (Chemical and Mineralogical Characteristics of French Green Clays) Vol. 56, Pg. 437-452 and Journal of Antimicrobial Chemotherapy 2008 (Antibacterial Activities of Clay Minerals) Vol. 61, Pg. 353-361.
French Green Clay (also known as Illite Clay or Sea Clay) is described as a 100% natural montmorillonite (bentonite) clay extracted from rock quarries near Montmorillon in the south of France, dried and ground. No chemical activation is performed. No chemicals are added. The clay naturally consists of montmorillonite, several (up to nine) mineral oxides, magnesium, calcium, potassium, dolomite, silica, manganese, phosphorous, silicon, copper, and selenium. The clay owes its coloration to iron oxides and decomposed plant matter. The clay is primarily used for its absorbent and antibacterial properties in mineral baths or spas and for skin care.
The applicable subheading for French Green Clay (natural montmorillonite clay, also known as bentonite clay) will be 2508.10.0000, Harmonized Tariff Schedule of the United States, which provides for: Kaolin and other kaolinic clays, whether or not calcined: Other clays: Bentonite. 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 merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue N., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their website at www.epa.gov.
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 Frank Cantone at (646) 733-3038.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division