June 13, 2007 CBP Bulletin Notice on Micro Silica Sand
In the June 13, 2007 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 41, No. 25), CBP published a notice proposing to revoke a classification ruling and revoke a treatment as follows:
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Proposed revocation of ruling; proposed revocation of treatment. CBP is proposing to revoke a classification ruling on micro silica sand. CBP is also proposing to revoke any treatment it has previously accorded to substantially identical transactions.
CBP states that any party who has received a contrary written ruling or decision on the merchandise that is subject to the proposed ruling revocation, or any party involved with a substantially identical transaction, should advise CBP by July 13, 2007, 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.
In addition, CBP states that this notice covers any rulings on the subject merchandise that may exist but have not been specifically identified.
Micro silica sand.The product at issue is micro silica sand, D-124 Litefil, which is a lightweight mineral filler used as a partial replacement of heavyweight fillers, i.e., replacement of heavyweight aggregates used in hydraulic cement based slurries for oil/gas well drilling. It is a by-product of fly ash, a waste material derived from the combustion of coal at power stations. The chemical composition of the micro silica sand is 55% silica, 43% alumina and less than 1% iron.
CBP is proposing to issue HQ H003743 in order to revoke HQ 955742 and reclassify the merchandise under subheading 2621.90.0000 as "Other slag and ash, including seaweed ash (kelp); ash and residues from the incineration of municipal waste: Other," rather than under subheading 2620.90.90 as "Ash and residues (other than from the manufacture of iron or steel) containing metals or metal compounds." CBP is proposing that the cited ruling is in error and proposes this change as a correction.
CBP proposes this change based on the Explanatory Notes to headings 2620 and 2621. The ENs to heading 2620 state that it covers slag, ash and residues containing metals, arsenic, etc. that are used in industry either for the extraction of arsenic or metals, or as a basis for the manufacture of their chemical compounds.
Although the micro silica sand contains metals, namely aluminum oxides, the sand is not of a kind used in industry for the extraction of arsenic, metals or as a basis for the manufacture of chemical compounds.
Rather, it is used as a filler in cement or as an extender for plastic compounds. Accordingly, the micro silica sand cannot be classified in heading 2620. As the ENs to heading 2621 state that the products of this heading are of mineral origin (e.g. coal), among other products, the micro silica sand should be classified in heading 2621.
proposed: 2621.90.0000, duty-free; current: 2620.99.8500, duty-free (current HTS number corresponding to old 2620.90.90)
June 13, 2007 CBP Bulletin (Vol. 41, No.25) available athttp://www.cbp.gov/xp/cgov/toolbox/legal/bulletins_decisions/bulletins_2007/