The tariff classification of Niobium oxide (CAS# 1313-96-8) from China and applicability of any trade program or agreement.

N184655 September 26, 2011 CLA-2-28:OT:RR:NC:2:236 CATEGORY: Classification TARIFF NO.: 2825.90.1500 Ms. Nancy Shih CMC Cometals 2050 Center Avenue Suite 250 Fort Lee, NJ 07024 RE: The tariff classification of Niobium oxide (CAS# 1313-96-8) from China and applicability of any trade program or agreement. Dear Ms. Shih: In your eRuling submission dated September 14, 2011, you requested a ruling concerning the tariff classification and applicability of any trade program or agreement. The product is described as 99.5% niobium oxide (CAS# 1313-96-8). The applicable subheading for niobium oxide (CAS# 1313-96-8) will be 2825.90.1500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Hydrazine and hydroxylamine and their inorganic salts; other inorganic bases; other metal oxides, hydroxides and peroxides: Other: Niobium oxide. The duty rate will be 3.7 percent ad valorem. Other than the general column one rate of duty, merchandise from China does not currently qualify for any preferential treatment under any trade program or agreement. 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) 733-3434. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division