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HQ 089143


April 26, 1991

CLA-2 CO:R:C:M 089143 NLP

CATEGORY: CLASSIFICATION

TARIFF NO.: 7202.99.50

Mr. David Roth
F.W. Hempel & CO., Inc.
437 Madison Avenue
New York, New York 10022

RE: Modification of DD 843276; Calcium Silicon Cored Wire

Dear Mr. Roth:

HQ 088637, a copy of which is enclosed, is in effect a reconsideration of the Los Angeles District Director's letter to you, DD 843276, dated August 1, 1989. HQ 088637 deals with the classification of calcium silicon cored wire. This letter holds that calcium silicon cored wire is a ternary ferro-alloy and is classifiable in subheading 7202.99.50, which provides for ferroalloys, other, other, other with a duty under the General Column of 5 percent ad valorem.

In order to insure uniformity in Customs classification of this merchandise and to eliminate uncertainty, we are modifying that portion of DD 843276 classifying calcium silicon cored wire to reflect the above classification effective as of the date of this letter. See 19 CFR 177.9(d). However, if after your review of this modification, you disagree with the legal basis for our decision, we invite you to submit any arguments you may have with respect to this matter for our review. Any submission you wish to make should be received within thirty (30) days of the date of this letter.

As indicated above, this notice should be considered a modification of DD 843276 under 19 CFR 177.9(d)(1). It will not be applied retroactively to DD 843276 (19 CFR 177.9(d)(2)) and will not, therefore, affect past transactions for the importation of the merchandise under that ruling. However, for purposes of future transactions in merchandise of this type, DD 843276 will not be valid precedent. We recognize that pending transactions may be adversely affected by this modification, in that current contracts for importations arriving at a port subsequent to this decision will be classified pursuant to it. If such a situation arises, you may, at your discretion, notify this office and apply for relief from the binding effects of this decision as may be warranted by the circumstances.

Sincerely,

John Durant, Director
Commercial Rulings Division


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