CLA-2-28:OT:RR:NC:2:236

M. Andrew Gray
W.R. Grace & Co.-Conn.
7500 Grace Drive
Columbia, MD 21044

RE: The tariff classification of synthetic amorphous silicon dioxide, from Germany

Dear Mr. Gray:

In your ruling request dated January 14, 2013, you requested a tariff classification ruling on synthetic amorphous silicon dioxide, which you refer to as silica gel or base gel (CAS no. 7631-86-9). A sample of the product was submitted and analyzed by the Customs and Border Protection Laboratory.

The sample is described as white, odorless, granules. The submitted documentation further indicates that the product at issue is amorphous silicon dioxide, chemically prepared (CAS no. 7631-86-9). The Customs and Border Protection Laboratory report indicates that this product is synthetic silica gel.

The applicable subheading for synthetic amorphous silicon dioxide will be 2811.22.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other inorganic oxygen compounds of nonmetals: Silicon dioxide: Synthetic silica gel. The general rate of duty will be 3.7 percent ad valorem.

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.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their website at www.epa.gov.

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 Nuccio Fera at (646) 733-3034.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division