CLA-2-69:RR:NC:2:227 G83258

Mr. Paul Leitner
Continental Agency Incorporated
535 Brea Canyon Road
Walnut, CA 91789

RE: The tariff classification of ceramic tower packing from China

Dear Mr. Leitner:

In your letter dated October 12, 2000, on behalf of Lantec Products, you requested a tariff classification ruling.

The samples submitted are ceramic saddles, in various sizes and shapes, used as packing in tower installations. These products are used within columns or towers to provide inert surfaces for promotion of chemical or physical transfer or reaction between liquids and liquids, gases and liquid, and gases and gases. The ceramic saddles are stated to be of porcelain.

In your letter, you suggested that the ceramic saddles should be classified in subheading 6902.20.5020, HTS, the provision for refractory bricks, blocks, tiles and similar refractory ceramic constructional goods, other. However, to be classified in heading 6902 an article must not only be capable of resisting high temperatures but must also be designed for high temperature work. Since the ceramic saddles in actual use will be subjected to a temperature of not more than 1300 degrees centigrade, they are not designed for high temperature work and cannot be classified as refractory articles under heading 6902.

The applicable subheading for the ceramic saddles of porcelain will be 6909.11.40, Harmonized Tariff Schedule of the United States (HTS), which provides for other ceramic wares of porcelain for laboratory, chemical or other technical uses. The rate of duty will be 4.5 percent ad valorem.

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 George Kalkines at 212-637-7073.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division