CLA-2-28:S:N:N7:235 889703
Mr. John M. Peterson
Neville, Peterson, & Williams
39 Broadway
New York, New York 10006
RE: The tariff classification of tungsten carbide with 0.4%
vanadium added, from Germany.
Dear Mr. Peterson:
In your letter dated August 24, 1993, you requested a tariff
classification ruling on behalf of your client, Osram Sylvania Inc.
.
Your explanation of how the product is made was submitted to chemists
in The New York Customs Laboratory. Their review indicates that the vanadium
is so chemically intertwined with the tungsten carbide molecule as to make
the vanadium part of the tungsten carbide. The product therefore cannot be
described as having a binding agent or containing other components as would
cause it to be classified in Chapter 38.
The applicable subheading for the product described above will be
2849.90.3000, Harmonized Tariff Schedule of the United States (HTS), which
provides for tungsten carbide. The rate of duty will be 10.5 percent ad
valorem.
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