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NY 846990

CLA-2-70:S:N:N3G:226 846990


TARIFF NO.: 6814.10.0000

Bengal Mica Stock Company
230A Acharya Jagadish Chandra Bose Road
Calcutta 700020

RE: The tariff classification of micanite from India, West Germany and Belgium.

Dear Sir:

In your letter dated October 20, 1989, you requested a tariff classification ruling.

You described this product as mica bonded with silicon resin on a base of paper. A sample was submitted with your ruling request.

Analysis of the sample by our Customs Laboratory indicates that the merchandise is reconstituted mica. However, there is no silicon resin or paper in the sample which you submitted. Rather, the product is a thin sheet of mica obtained by subjecting powdered and pulped mica waste to a thermal, chemical and mechanical process similar to that used for making paper. No silicon resin or other binding agent is used in the production of this reconstituted mica.

The applicable subheading for the reconstituted mica will be 6814.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for plates, sheets and strips of agglomerated or reconstituted mica, whether or not on a support. The duty rate will be 5.3 percent ad valorem. The rate of duty will remain the same during 1990.

Articles classifiable under subheading 6814.10.0000, HTS, which are products of India are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. In your letter, you inquired about the status of merchandise "exported from" GSP countries as well as countries which are not entitled to GSP status. Please note that GSP will only apply if the merchandise is both produced in the GSP country and exported directly from the GSP country. While India is entitled to GSP status, West Germany and Belgium are not GSP countries. Belgian and German products are fully dutiable.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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