CLA-2-28:S:N:N7:235 883281
Ms. Jeri A. Ballard
International Accounts Representative
Westinghouse Trading Comoany
Westinghouse Building
Gateway Center
Pittsburgh, PA 15222
RE: The tariff classification of various lithium compounds and
alloys from Russia, Australia, Brazil, China, Argentina and
Bolivia.
Dear Ms. Ballard:
In your letter dated February 19, 1993, you requested a
tariff classification ruling.
The applicable subheading for lithium sulfide will be
2830.90.000, Harmonized Tariff Schedule of the United States
(HTS), which provides for other sulfides. The duty rate will be
3 percent ad valorem.
The applicable subheading for the lithium silicon powder
will be 2850.00.50, HTS. The duty rate wiil be 3.7 percent ad
valorem.
Articles classifiable under subheadings 2830.90.00 and
2850.00.50, HTS, which are products of Brazil, Argentina or
Bolivia are entitled to duty free treatment under the Generalized
System of Preferences (GSP) upon compliance with all applicable
regulations.
Your inquiry does not provide sufficient information to
classify the lithium-aluminum powder. The classification of
aluminum alloy powders is affected by the structure and size of
the powder particles. Aluminum alloy powders of non-lamellar
structure are classifiable in the provision for, "Aluminum
powders and flakes: Powders of non-lamellar structure;
flakes...," in subheading 7603.20.00 (HTS), dutiable at the rate
of 3.9 percent ad valorem. The tariff defines powders as:
"Products of which 90 percent or more, by weight, passes through
a sieve having a mesh aperture of 1 M/M." If you still require a
ruling on the classification of lithium aluminum alloy powder,
please resubmit your request and include a description of the
powder particles. Also, describe how the powder is intended to be
used after importation, and provide all other relevant
information which may affect classification.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport