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NY L82632

March 22, 2005

CLA-2-38:RR:NC:2:239 L82632


TARIFF NO.: 3824.90.9190

Ms. Cynthia Hohenstein
Tosoh USA, Inc.
3600 Gantz Road
Grove City, OH 43123-1895

RE: The tariff classification of Zirconia Powders TZ Series from Japan.

Dear Ms. Hohenstein:

In your letter dated February 14, 2005, you requested a tariff classification ruling for Zirconia Powders TZ series which you have stated will be used to produce structural and/or functional parts. Structural parts will include pulleys, nozzles, and other wear resistant industrial parts. Functional parts will include parts used as iconic conductors which will be further assembled into devices used in oxygen sensor applications. The TZ series consist of Zirconia Powder TZ-8Y, Zirconia Powder TZ-3Y-E, Zirconia Powder TZ-3Y-B, and Ziconia TZ-3Y-BE. Each consists (with varying percentages) of zirconium oxide, yttrium oxide, hafnium oxide, aluminum oxide, and a binder.

You state in your inquiry that you believe the proper classification to be 3824.90.3900 HTS, the provision for chemical mixtures containing two or more inorganic compounds. The addition of the binder (an organic compound) would preclude classification in this provision.

The applicable subheading will be 3824.90.9190, Harmonized Tariff Schedule of the United States (HTS), which provides 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. The rate of duty will be 5 percent ad valorem.

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 Andrew Stone at 646-733-3032.


Robert B. Swierupski

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