CLA-2-78:RR:NC:1:118 H85014

Mr. Robert Klide
Standard Americas, Inc.
153 East 53rd Street
NY, NY 10022

RE: The tariff classification of antimonial lead ingots from China.

Dear Mr. Klide:

In your letter dated August 8, 2001, you requested a tariff classification ruling.

You have described your merchandise as antimonial lead ingots. They are not defective or damaged when imported. They are sweetened with antimony. Their principal use after importation would be processing them into automobile batteries by a battery manufacturer. The chemical composition for the ingots would range from a low of 2.60% antimony to a high of 5.1% of antimony. The balance would be approximately 94% to 97% lead, with traces of several other elements none exceeding 0.369% by weight.

The applicable subheading for the antimonial lead ingots will be 7801.91.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for unwrought lead: other: containing by weight antimony as the principal other element. The duty rate will be 2.5% on the value of the lead content.

Consideration was given to classifying this product under subheading 7802.00.0030, HTS, as you have suggested. However, your suggested classification is deemed inappropriate.

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