CLA-1-28:OT:RR:NC:N3:136

Hyeok Min Kwon
KPMG Korea
28, Nonhyeon-ro 85-gil, Gangnam-gu
Seoul, 06236
South Korea

RE: The tariff classification of Nickel Cobalt Manganese Hydroxide from South Korea

Dear Mr. Kwon:

In your ruling request dated September 16, 2021, on behalf of your client, EcoProBM, you requested a tariff classification ruling on Nickel Cobalt Manganese Hydroxide.

In your request, you describe the subject product as a “Cathode Active Material Precursor.” Nickel Cobalt Manganese Hydroxide will be imported in black powder form and used as a raw material in the manufacturing of cathode active material, a main component of lithium-ion batteries. Your submission indicates that this product is a hydroxide compound, composed of three metallic elements, Nickel (Ni), Cobalt (Co), and Manganese (Mn), with the chemical formula NiaCobMnc(OH)2. You state that Nickel Cobalt Manganese Hydroxide meets the requirements of Note 1 to Chapter 28, Harmonized Tariff Schedule of the United States, (HTSUS).

The applicable subheading for Nickel Cobalt Manganese Hydroxide will be 2825.90.9000, HTSUS, which provides for Hydrazine and hydroxylamine and their inorganic salts; other inorganic bases; other metal oxides, hydroxides and peroxides: Other: Other. The general rate of duty will be 3.7 percent ad valorem.

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 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 Nuccio Fera at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division