February 22, 2006 CBP Bulletin Notice on Antimony Trisulphide
In the February 22, 2006 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 40, No. 9), CBP issued a notice proposing to revoke a classification ruling on antimony trisulphide. CBP states that it is also proposing to revoke any treatment it has previously accorded to substantially identical merchandise.
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CBP states that any party who has received an interpretive ruling or decision on merchandise subject to this notice, and/or any person involved in substantially identical transactions should advise CBP by March 24, 2006, the date that written comments on the proposed ruling are due. Furthermore, CBP states that an importer's failure to advise CBP of such rulings, decisions, or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agent for importations subsequent to the effective date of the final decision in this notice.
CBP also states that this notice covers any rulings on the subject merchandise that may exist but have not been specifically identified.
Proposed Revocation of a Classification Ruling
Antimony trisulphide. At issue is antimony trisulphide mined in Italy in open-pit and underground mines. The ores have a medium-high concentration of antimony trisulphide (40-60%), which is separated from the gangue by enriching the ores using the typical mining method of ore-flotation process. The final product is bagged in 25 kg paper bags and is imported to be sold to manufacturers of brake pads.
CBP is proposing to issue HQ 967661 in order to revoke NY R01069 and reclassify the antimony trisulphide under HTS 2617.10.0000 as "Other ores and concentrates: antimony ores and concentrates;" rather than under 2830.90.0000, which provides for "Sulfides: polysulfides, whether or not chemically defined: other."
CBP states that the antimony trisulphide is an ore which is intended for non-metallurgical purposes (i.e. brake pads); in addition, it is also a mineralogical species actually used in the metallurgical industry.
Chapter Note 2 to HTS Chapter 26 states that ores include minerals of mineralogical species actually used in the metallurgical industry for the extraction of: (1) mercury, (2) the metals of heading 2844, or (3) the metals of Section XIV or XV, even if they are intended for non-metallurgical purposes.
Thus, the use of antimony trisulphide for brake pads does not disqualify it from classification in Chapter 26.
Additionally, CBP states that the antimony trisulphide remains the same throughout its processing, packaging, and utilization in applications to which it is applied and that the molecular and crystallographic structure and form are not altered in any way. As it has not been chemically modified, the antimony trisulphide is precluded from classification in HTS heading 2830.
As a result, pursuant to General Rules of Interpretation (GRI) 1, the antimony trisulphide is classified in HTS heading 2617.
proposed: HTS 2617.10.0000, duty-free; current: 2830.90.0000, 3%.
February 22, 2006 CBP Bulletin (Vol. 40, No. 9) available athttp://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2006/vol40_02222006_no9/