CLA-2 CO:R:C:M 088637 NLP
Mr. Gary S. Neiman
Pechiney World Trade, Inc.
500 Plaza Drive
Secaucus, NJ 07096
RE: Calcium Silicon cored wire; Sulphur cored wire
Dear Mr. Neiman:
This ruling is in response to your letter dated January 21,
1991, requesting a tariff classification on calcium silicon and
sulphur cored wire under the Harmonized Tariff Schedule of the
United States Annotated (HTSUSA). Literature was submitted for
our examination.
FACTS:
Cored wire is a hollow steel tube which functions as a
container for powders of alloys. In the instant case, the cored
wire contains calcium silicon and sulphur, respectively. The
cored wire is used by steelmakers and foundries as a means of
adding small precise amounts of various alloy powders to molten
steel for the purpose of achieving specific chemical limits or
metallurgical modifications in the final steel product. The
packaging, hollow wire and wooden pallet are discarded by the end
user and do not provide any benefit to the final product.
The chemical compositions of your various cored wires, which
are manufactured in France, are listed below.
CALCIUM SILICON SULPHUR
Silicon: 60.5% Sulphur: 99.9%
Calcium: 30.8%
Aluminum: 1.28%
Iron: 4.7%
Carbon: .37%
ISSUE:
What is the tariff classification of calcium silicon cored
wire and sulphur cored wire.
LAW AND ANALYSIS:
Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRIs). GRI 1 provides that
classification be determined first according to the terms of the
headings of the tariff and any relative section or chapter notes
and, unless otherwise required, according to the remaining GRIs.
Calcium Silicon Cored Wire
Heading 7202, HTSUSA, provides for ferro-alloys. Note (c)
to Chapter 72 provides the following:
(c) Ferro-alloys
Alloys in pigs, blocks, lumps or similar primary forms,
in form obtained by continuous casting and also in
granular or powder forms, whether or not agglomerated,
commonly used as an additive in the manufacture of
other alloys...containing by weight 4 % or more of the
element iron and one or more of the following:
- more than 10 % of chromium
- more than 30 % of manganese
- more than 3 % of phosphorus
- more than 8 % of silicon
- a total of more than 10 % of other elements, excluding
carbon....
In addition, Chapter 72 Subheading note (2) states the
following:
2. For the classification of ferro-alloys in the subheadings
of heading No.72.02 the following rule should be
observed:
A ferro-alloy is considered binary and classified under
the relevant subheading (if it exists) if only one of
the alloy elements exceeds the minimum percentage laid
down in Chapter Note 1(c); by analogy, it is considered
respectively as ternary or quaternary if two or three
alloy elements exceed the minimum percentage.
For the application of this rule the unspecified "other
elements" referred to in Chapter Note 1(c) must each
exceed 10 % by weight.
The instant product is a ferroalloy, but it is ternary
within the meaning of the above note because there is more than 8
% of silicon and more than 10 % of other elements present in the
cored wire. Therefore, since calcium silicon is not a binary
ferro-alloy and is not the same as ferrosilicon it cannot be
classifiable as a ferrosilicon. It is our position that the
calcium silicon cored wire is classifiable in subheading
7202.99.5040, HTSUSA, which provides for ferroalloy, other,
other, other.
Sulphur Cored Wire
The sulphur cored wire is classifiable in subheading
2503.90.0000, HTSUSA, which provides for refined sulphur, other
than sublimed, precipitated, or colloidal.
HOLDING:
The cored wire containing calcium silicon is classifiable in
subheading 7202.99.5040, HTSUSA, which provides for ferroalloy,
other, other, other. The rate of duty is 5 percent ad valorem.
The sulphur cored wire is classifiable in subheading
2503.90.0000, HTSUSA, which provides for sulphur of all kinds,
other than sublimed, precipitated, or colloidal sulphur. This
product is entitled to entry free of duty.
Sincerely,
John Durant, Director
Commercial Rulings Division
Enclosure