The tariff classification of Zinc Oxide: Grade ZOCO 900, Grade ZOCO 204, Grade ZOCO 604 from China, Germany, Malaysia, Portugal, South Africa and commingled with Zinc Oxide from Canada

NY C83130 May 21, 1998 CLA-2-28:RR:NC:2:236 C83130 CATEGORY: Classification TARIFF NO.: 2817.00.0000 Mr. C.T. Kloetstra Link + Corporation 4380 Wellington Rd., Suite 10 London, Ont. N6E 2Z6 RE: The tariff classification of Zinc Oxide: Grade ZOCO 900, Grade ZOCO 204, Grade ZOCO 604 from China, Germany, Malaysia, Portugal, South Africa and commingled with Zinc Oxide from Canada Dear Mr. Kloetstra: In your letter dated December 3, 1998, on behalf of your client, Zochem Division of Hudson Bay Mining & Smelting Company, Ltd., you requested a tariff classification ruling. You indicate that your client imports zinc oxide of 68% to 80% purity from various origins including China, Germany, Malaysia, Portugal and South Africa into Canada. After being imported into Canada, these zinc oxides may be exported in same condition to the U.S.A. after repacking and may also be commingled with Canadian zinc oxides. After commingling and repacking, these goods are exported to the United States. The applicable subheading for zinc oxide will be 2817.00.0000, Harmonized Tariff Schedule of the United States, which provides for Zinc oxide; zinc peroxide. The rate of duty will be Free. Zinc oxide made in China, Germany, Malaysia, Portugal or South Africa repackaged in Canada in the same condition as imported must be marked with the country of origin in accordance with Section 134 of the Customs Regulations when imported into the United States. In our opinion, zinc oxide from the above mentioned countries that is commingled with zinc oxide of Canadian Origin must also be marked in accordance with above cited regulations with the Country of Origin: Canada and each country whose zinc oxide was commingled with the Canadian zinc oxide. The term "Made in" is a suitable substitute for Country of Origin. 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 V. Gualario at 212-466-5744. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division