CLA-2-72:OT:RR:NC:N1:117
Nicki Volker
CCMA LLC
450 Corporate Parkway
Amherst, New York 14226
RE: The tariff classification of ferrosilicon zirconium from China
Dear Ms. Volker:
In your letter, dated March 7, 2022, you requested a tariff classification ruling.
The product under consideration is ferrosilicon zirconium. Imported in lump form, this product consists of the following:
Zirconium: >30%
Silicon: 44 to 52%
Iron: 15 to 20%
Aluminum: 1.5% max.
Carbon: 0.2% max
Phosphorus: 0.03% max.
Sulfur: 0.01% max.
You indicate that this material will be sold to foundries and metallurgical industries for use as an inoculant and preconditioner in gray and ductile iron.
Based on the reported chemistry and use, the subject product clearly meets the Chapter 72, Note 1(c) definition of a ferroalloy. Furthermore, since this ferroalloy contains two alloying elements, i.e., zirconium and silicon, which exceed the minimum percentages laid down in the chapter note, we would consider it to be ternary according to Chapter 72, Subheading Note 2.
The applicable subheading for the ferrosilicon zirconium will be 7202.99.8040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Ferroalloys: Other: Other: Other: Other. The general rate of duty will be 5 percent ad valorem.
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 the 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 April Cutuli at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division