The tariff classification of Refractory Castable Pre-Blend #1 (RAW 032638), Refractory Castable Pre-Blend #2 (RAW 032640), and Refractory Castable Pre-Blend #3 (RAW 032657) from China

NY M87789 March 9, 2007 CLA-2-38:RR:NC:2:239 M87789 CATEGORY: Classification TARIFF NO.: 3824.90.3900, 3824.90.9290 Mr. Marc Romano PBB Global Logistics 670 Young Street Tonawanda, NY 14150 RE: The tariff classification of Refractory Castable Pre-Blend #1 (RAW 032638), Refractory Castable Pre-Blend #2 (RAW 032640), and Refractory Castable Pre-Blend #3 (RAW 032657) from China Dear Mr. Romano: In your letter dated October 20, 2006, you requested a tariff classification ruling for the above products which you have stated will be used in the steel industry to form finished refractory castables. Three samples were submitted with your inquiry. The chemical composition of the products are as follows: Pre-Blend #1 and Pre-Blend #2 consist of alumina, bauxite, and silicon carbide. Pre-Blend #3 consists of bauxite, silicon carbide, and silicon metal, which is elemental metal. In your letter you suggest that these products should be classified in heading 3816, Harmonized Tariff Schedule of the United States (HTSUS) under the provision for refractory cements, mortars, concrete and similar compositions. However, analysis of these products by our Customs and Border Protection Laboratory indicates that these items are refractory materials not similar to mortars, cements, or concretes because there is no evidence of a binder. Therefore these products are precluded from heading 3816. Pre-Blends #1 and #2 are mixtures of inorganic compounds and Pre-Blend #3 is a mixture of an element and inorganic compounds.   The applicable subheading for Pre-Blend #1 and Pre-Blend #2 will be 3824.90.3900, (HTSUS), which provides for chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: other: mixtures of two or more inorganic compounds: other. This provision is duty free. The applicable subheading for Pre-Blend #3 will be 3824.90.9290, Harmonized Tariff Schedule of the United States (HTSUS), which provides for chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: other. The rate of duty will be 5 percent ad valorem. 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 Richard Dunkel at 646-733-3032. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division