The tariff classification of crushed brick from China

N031741 October 8, 2008 CLA-2-25:OT:RR:NC:1:126 CATEGORY: Classification TARIFF NO.: 2530.90.8050 Ms. Beth Weinberg CMC Cometals 2050 Center Avenue Suite 250 Fort Lee, NJ 07024 RE: The tariff classification of crushed brick from China Dear Ms. Weinberg: In your letter dated June 25, 2008, you requested a tariff classification ruling regarding a refractory material. Your letter indicated that the product consists of crushed brick. A sample of this material was submitted with your ruling request. The sample was sent to our Customs and Border Protection Laboratory for analysis. The laboratory has now completed its analysis. Laboratory analysis of the sample indicates that it consists of irregular pieces of various sizes. The components of these pieces are consistent with broken brick. Although your letter says the material is a “refractory concrete,” our laboratory found no binder mixed with the pieces of brick and also found that “the product does not set up.” Therefore, the article does not appear to be a concrete, mortar or cement. The applicable subheading for the crushed brick will be 2530.90.8050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for mineral substances not elsewhere specified or included: other: other. 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 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 Jacob Bunin at 646-733-3027. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division