CLA-2-76:RR:NC:1:118 F81365
Mr. Joel Kahn
Cometals
One Penn Plaza
New York, NY 10119-0097
RE: The tariff classification of magnesium aluminum alloy powder from China.
Dear Mr. Kahn:
In your letter dated December 21, 1999, you requested a tariff classification ruling.
The subject item is stated to be a magnesium aluminum alloy powder. This product is considered to be of a “non-lamellar structure” and will be used in the manufacture of pyrotechnics. It contains the following specifications:
Mg 50% +/- 2%
Al 50% +/- 2%
Fe 0.5% max
Si 0.2% max
Cl 0.02% max
H2O 0.1% max
Zn 0.1% max
The indicated size is 325 mesh, 2 microns which you further clarified to be less than 0.6mm. The product is therefore a powder because it meets the definition for powder found in section XV, Note 8(b) of the Harmonized Tariff Schedule of the United States (HTS).
The applicable subheading for the powder if it is in chief weight of aluminum will be 7603.10.0000, HTS, which provides for aluminum powders and flakes: powders of non-lamellar structure. The duty rate will be 5% ad valorem.
The applicable subheading for the powder if it is in chief weight of magnesium will be 8104.30.0000, HTS, which provides for magnesium and articles thereof, including waste and scrap: raspings, turnings and granules, graded according to size; powders. The duty rate will be 4.4% ad valorem.
Should you require an Antidumping scope determination for this product, please file a request for a formal scope inquiry to: U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, Attention: Mr. Richard Moreland, 14th Street and Constitution Avenue, N.W., Washington, DC 20230.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of this 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 Kathy Campanelli at 212-637-7025.
Sincerely,
Robert B. Swierupski
Director
National Commodity
Specialist Division