The tariff classification of ConditionAde 200HPC natural montmorillonite clay powder.

N117795 October 28, 2010 CLA-2-25:OT:RR:NC:N2:237 CATEGORY: Classification TARIFF NO.: 2508.10.00 Mr. Michael A. McPherson Oil-Dri Corporation of America 410 N. Michigan Avenue Chicago, Illinois 60611 RE: The tariff classification of ConditionAde 200HPC natural montmorillonite clay powder. Dear Mr. McPherson: In your letter dated July 28, 2010 you requested a tariff classification ruling. You submitted Typical Analysis, Manufacturing Process, MSDS sheets and samples for U.S. CBP lab analysis. ConditionAde 200HPC consists of natural montmorillonite (bentonite) clay extracted from a mine, crushed, dried, screened, sized, pulverized and bagged. Samples may contain naturally occurring non-clay minerals such as quartz (silica), calcite, feldspar, gypsum and pyrite. Any naturally occurring sulfur may be attributed to sulfur in gypsum or to breakdown of pyrite into sulfuric acid contributing to lower pH. No chemical activation is done. No chemicals are added. Based on U.S. CBP Lab Report NY20101228 dated October 6, 2010, the 12 clay samples were received for examination and comparison studies: 6 jars of unprocessed raw clay rocks and 6 jars of processed clay powder. X-Ray fluorescence tests show that all 12 samples consist of calcium, aluminum, silicon, iron, potassium, magnesium and titanium, except for the unprocessed sample number 3 that shows a trace of sulfur. X-ray diffraction tests show all 12 samples are composed of clay minerals and non-clay minerals. PH tests show average pH 4.22 for the 6 unprocessed samples and average pH 4.02 for the 6 processed samples. Test results show no significant difference between the 6 unprocessed and the 6 processed samples. Based on its analyses, U.S. CBP Lab concludes that the unprocessed and the processed samples are very similar chemically. The applicable subheading for ConditionAde 200HPC natural montmorillonite clay powder is 2508.10.00, Harmonized Tariff Schedule of the United States, which provides for natural bentonite. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). If you have any questions regarding the ruling, contact National Import Specialist Frank Cantone at (646) 733-3038. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division