Sodium chloride, Sodium hydrosulfite and sodium metabisulfite mixture; inorganic compounds; hydrosulfite compounds; mixtures

HQ 952110 September 8, 1992 CLA-2 CO:R:C:F 952110 EAB CATEGORY: Classification TARIFF NO.: 3823.90.3200 Robert L. Brockett, General Manager Dominion Atlantic Technologies Inc. P.O. Box 1025 Cornwall, Ontario K6H 5V1 Re: Sodium chloride, Sodium hydrosulfite and sodium metabisulfite mixture; inorganic compounds; hydrosulfite compounds; mixtures Dear Mr. Brockett: This is in reply to your written request dated June 15, 1992, for a binding ruling on the classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) of a product that is a mixture of inorganic compounds. FACTS: The product consists of a mixture of 40 percent by weight of sodium chloride and 30 percent each by weight of sodium hydrosulfite and sodium metabisulfite. It is to be imported from Canada in one-ton fiber bags. ISSUE: What is the proper classification of a mixture in chief weight of hydrosulfites? LAW AND ANALYSIS: Merchandise imported into the U.S. is classified under the HTSUSA. The tariff classification of merchandise under the HTSUSA is governed by the principles set forth in the General Rules of Interpretation (GRIs) and, in the absence of special language or context which otherwise requires, by the Additional U.S. Rules of Interpretation. GRI 1 requires that classification be determined first according to the terms of the headings of the tariff schedule and any relative section or chapter notes and, unless otherwise required, according to the remaining GRI's taken in order. We are of the opinion that the subject merchandise is classifiable under heading 3823, which covers in part chemical products and preparations of the chemical or allied industries, including mixtures of natural products, not elsewhere specified or included. HOLDING: A mixture of 40 percent by weight of sodium chloride and 30 percent each by weight of sodium hydrosulfite and sodium metabisulfite is classifiable under subheading 3823.90.3200, HTSUSA, a provision 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; residual products of the chemical or allied industries, not elsewhere specified or included; other; other; mixtures of two or more inorganic compounds; of hydrosulfite compounds, of sulfoxylate compounds, or of both. Entries of merchandise classified under this subheading are dutiable at the column one general rate of 17.5 percent ad valorem. Products of Canada that qualify for special duty treatment under the U.S.-Canada Free Trade Agreement would be subject to a rate of duty of 3.5 percent ad valorem. Sincerely, John Durant, Director Commercial Rulings Division