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HQ 088637


April 26, 1991

CLA-2 CO:R:C:M 088637 NLP

CATEGORY: CLASSIFICATION

TARIFF NO.: 2503.90.00; 7202.99.50

Mr. Gary S. Neiman
Pechiney World Trade, Inc.
500 Plaza Drive
Secaucus, NJ 07096

RE: Calcium Silicon cored wire; Sulphur cored wire

Dear Mr. Neiman:

This ruling is in response to your letter dated January 21, 1991, requesting a tariff classification on calcium silicon and sulphur cored wire under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Literature was submitted for our examination.

FACTS:

Cored wire is a hollow steel tube which functions as a container for powders of alloys. In the instant case, the cored wire contains calcium silicon and sulphur, respectively. The cored wire is used by steelmakers and foundries as a means of adding small precise amounts of various alloy powders to molten steel for the purpose of achieving specific chemical limits or metallurgical modifications in the final steel product. The packaging, hollow wire and wooden pallet are discarded by the end user and do not provide any benefit to the final product.

The chemical compositions of your various cored wires, which are manufactured in France, are listed below.

CALCIUM SILICON SULPHUR

Silicon: 60.5% Sulphur: 99.9%
Calcium: 30.8%
Aluminum: 1.28%
Iron: 4.7%
Carbon: .37%

ISSUE:

What is the tariff classification of calcium silicon cored wire and sulphur cored wire.

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRIs). GRI 1 provides that classification be determined first according to the terms of the headings of the tariff and any relative section or chapter notes and, unless otherwise required, according to the remaining GRIs.

Calcium Silicon Cored Wire

Heading 7202, HTSUSA, provides for ferro-alloys. Note (c) to Chapter 72 provides the following:

(c) Ferro-alloys

Alloys in pigs, blocks, lumps or similar primary forms, in form obtained by continuous casting and also in granular or powder forms, whether or not agglomerated, commonly used as an additive in the manufacture of other alloys...containing by weight 4 % or more of the element iron and one or more of the following:

- more than 10 % of chromium

- more than 30 % of manganese

- more than 3 % of phosphorus

- more than 8 % of silicon

- a total of more than 10 % of other elements, excluding carbon....

In addition, Chapter 72 Subheading note (2) states the following:

2. For the classification of ferro-alloys in the subheadings of heading No.72.02 the following rule should be observed:

A ferro-alloy is considered binary and classified under the relevant subheading (if it exists) if only one of the alloy elements exceeds the minimum percentage laid down in Chapter Note 1(c); by analogy, it is considered respectively as ternary or quaternary if two or three alloy elements exceed the minimum percentage.

For the application of this rule the unspecified "other elements" referred to in Chapter Note 1(c) must each exceed 10 % by weight.

The instant product is a ferroalloy, but it is ternary within the meaning of the above note because there is more than 8 % of silicon and more than 10 % of other elements present in the cored wire. Therefore, since calcium silicon is not a binary ferro-alloy and is not the same as ferrosilicon it cannot be classifiable as a ferrosilicon. It is our position that the calcium silicon cored wire is classifiable in subheading 7202.99.5040, HTSUSA, which provides for ferroalloy, other, other, other.

Sulphur Cored Wire

The sulphur cored wire is classifiable in subheading 2503.90.0000, HTSUSA, which provides for refined sulphur, other than sublimed, precipitated, or colloidal.

HOLDING:

The cored wire containing calcium silicon is classifiable in subheading 7202.99.5040, HTSUSA, which provides for ferroalloy, other, other, other. The rate of duty is 5 percent ad valorem.

The sulphur cored wire is classifiable in subheading 2503.90.0000, HTSUSA, which provides for sulphur of all kinds, other than sublimed, precipitated, or colloidal sulphur. This product is entitled to entry free of duty.

Sincerely,

John Durant, Director
Commercial Rulings Division

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