Tariff classification of a mineral based surfacing preparation from France.

NY J82865 April 7, 2003 CLA-2-32:RR:NC:SP:237 J82865 CATCATEGORY: Classification TARIFF NO.: 3214.90.5000 Mr. James M. Steber N.M.S. Distribution 4935 East Valley Vista Lane Paradise Valley, Arizona 85253 RE: Tariff classification of a mineral based surfacing preparation from France. Dear Mr. Steber: In your letter dated March 24, 2003 you requested a tariff classification ruling. Your product is described as a wall-cladding finish that is premixed, ready to use, made of slaked lime, thin silica or micro-porous resin and ocher for application directly to a stucco brown coat by hand or machine The applicable subheading for the mineral based wall-cladding finish will be 3214.90.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other non-refractory surfacing preparations for facades, indoor walls, floors, ceilings or the like. The rate of duty is 7 percent ad valorem. This merchandise may be subject to the requirements of the Toxic Substances Control Act, administered by the U.S. Environmental Protection Agency. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, telephone (202) 554-1404. 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 above should be provided with the entry documents filed at the time this merchandise is imported. If you have questions regarding the ruling, contact National Import Specialist Frank Cantone at 646-733-3038. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division