CLA-2-28:OT:RR:NC:2:236
MS. Heidi Bollon
CMC Cometals
2050 Center Avenue, Suite 250
Fort Lee, NJ 07024
RE: The tariff classification of lithium (CAS no. 7439-93-2) from China
Dear Ms. Bollon:
In your ruling request received December 5, 2013, on behalf of CMC Cometals, you requested a tariff classification ruling.
Your submission describes the product at issue as 99.87% pure, alloy grade, lithium metal. You have provided CAS no. 7439-93-2 and indicate that this product is intended to be used for alloying aerospace aluminum. The lithium will be imported in 2.1 kg cylinder shaped ingots, approximately 138 mm in diameter and 245 mm in height.
The applicable subheading for lithium (CAS no. 7439-93-2) will be 2805.19.9000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Alkali or alkaline-earth metals; rare-earth metals, scandium and yttrium, whether or not intermixed or interalloyed; mercury: Alkali or alkaline-earth metals: Other: Other. The general rate of duty will be 5.5 percent ad valorem.
You have inquired about the applicability of any trade programs or agreements. Articles classifiable under subheading 2805.19.9000, HTSUS, which are products of China, are not entitled to duty free treatment under any current trade programs or agreements.
This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their website at www.epa.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 Nuccio Fera at (646) 733-3034.
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division