CLA-2-81:OT:RR:NC:1:117
David W. Sinclair
Sinko Resources Inc.
111 W.28th St.
NY, NY 10001
RE: The tariff classification of magnesium ingots from China
Dear Mr. Sinclair:
In your letter dated June 5, 2012 you requested a tariff classification ruling.
The product you are planning to import is described as magnesium calcium alloy ingots. You state that the ingots will be composed of magnesium 70 -75%, calcium 28-32%, and minimal amounts of aluminum, silicon, copper, iron, nickel, manganese and zinc. The ingots will weigh approximately 10 kg each. The ingots are stated not to conform to an ASTM specification.
The applicable subheading for the ingots will be 8104.19.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for magnesium and articles thereof, including waste and scrap: unwrought magnesium: other. The rate of duty will be 6.5 percent ad valorem.
You also inquired about the applicability of Antidumping Duty cases to this product. The merchandise in question may be subject to antidumping duties or countervailing duties. Written decisions regarding the scope of AD/CVD orders are only issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://addcvd.cbp.gov/.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Mary Ellen Laker at (646) 733-3020.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division