CLA-2-75, 81:OT:RR:NC:N1:117
Christopher Constantine
Import/Export Specialist
Oerlikon Metco (US) Inc.
1101 Prospect Avenue
Westbury, NY 11590-2724
RE: The tariff classification of solid and cored nickel alloy wire from Germany
Dear Mr. Constantine:
In your letter dated July 19, 2016, you requested a tariff classification ruling.
The products you plan to import are described as drawn nickel alloy wire, in both solid and cored forms, with the cored wire filled with alloy powder. The composition is described as nickel and chromium. The wire is used for coating in the electric arc wire spray or combustion wire thermospray process. The solid wire products, numbers 470AW, Metco 8276,8450, 8500, 8622, 8625, 8718, and Metcoloy 33 are shown on product data sheets to be alloys in chief weight of nickel. The cored products are Metco 8443 which is shown to be an alloy in chief weight of nickel and Metco 8452 which is shown to be by weight 50 percent nickel and 50 percent chromium. All products are coiled and stated to be under 6mm in diameter.
Section XV Note 5. of the Harmonized Tariff Schedules (HTS) provides that articles of base metal containing two or more base metals are to be treated as articles of the base metal predominating by weight over each of the other metals. Therefore, the tariff classification and duty rate for your product will vary depending on its composition.
The applicable subheading for the solid wire products described above and the cored wire product Metco 8443 will be 7505.22.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for nickel bars, rods, profiles and wire: wire: of nickel alloys: not cold-formed. The rate of duty will be 2.6 percent of the value.
If Metco 8452 is in chief weight of nickel at time of entry, the cored wire will be classifiable in 7505.22.5000, HTSUS, which provides for nickel bars, rods, profiles and wire: wire: of nickel alloys: not cold-formed. The rate of duty will be 2.6 percent of the value. If in chief weight of chromium at time of entry, the cored wire will be classifiable in 8112.29.0000, HTSUS, which provides for chromium: other. The rate of duty will be 3 percent of the value. If the weights at time of importation remain equal parts nickel and chromium, then in accordance with 3(c) of the General Rules of Interpretation of the HTSUS, the wire shall be classified under the heading which occurs last in numerical order among those which equally merit consideration. Therefore, if Metco 8452, is by weight exactly 50 percent nickel and 50 percent chromium at time of entry, it shall be classifiable in 8112.29.0000, HTSUS, which provides for chromium: other. The rate of duty will be 3 percent of the value.
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 https://hts.usitc.gov/current.
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 [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division