The tariff classification of Aerosil® NAX-50 and Aeroxide® TiO2 NKT-90 from Japan

N054785 March 30, 2009 CLA-2-38:OT:RR:NC:2:239 CATEGORY: Classification TARIFF NO.: 3824.90.9290 Ms. Robin Health Nagase America Corporation 546 Fifth Avenue, 16th Floor New York, New York 10036-5000 RE: The tariff classification of Aerosil® NAX-50 and Aeroxide® TiO2 NKT-90 from Japan Dear Ms. Health: In your letter dated March 16, 2009, you requested a tariff classification ruling for two products, Aerosil® NAX-50, which is silica mixed with a hydrolysis product, and Aeroxide® TiO2 NKT-90, which is titanium dioxide also mixed with a hydrolysis product. You state that the products are designed for use in the toner production industry for the manipulation of electrostatic charge. Samples were submitted with your ruling request and are being returned. Aerosil® NAX 50, packaged in 5 kilogram bags, is a reaction product of amorphous fumed silica with Silanamine, 1,1,1-trimethyl-N-(trimethylsilyl)-. Aeroxide® TiO2 NKT-90, packaged in 10 kilogram bags, is a reaction product of hydrophobic fumed titanium dioxide with Silane, trimethoxy(2-methylpropyl)-. As a result of this intentional addition of the hydrolysis products, Aerosil® NAX 50 and Aeroxide® TiO2 NKT-90 are not separate chemically defined compounds and, consequently, cannot be classified in Chapter 28 or Chapter 29. Aerosil® NAX 50 and Aeroxide® TiO2 NKT-90 are chemical mixtures of inorganic and non-aromatic organic compounds. The applicable subheading for Aeroxide® TiO2 NKT-90 and Aerosil® NAX 50 will be 3824.90.9290, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Other: Other: Other: 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