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NY 897163




April 29, 1994

CLA-2-81:S:N:N3:115 897163

CATEGORY: CLASSIFICATION

TARIFF NO.: 8113.00.0000

Mr. William J. Maloney
Rode & Qualey
295 Madison Avenue
New York, NY 10017

RE: The tariff classification of ceramic metal composites from Japan.

Dear Mr. Maloney:

In your letter dated April 14, 1994, you requested a tariff classification ruling, on behalf of your client, Tulon Inc.

The products consist of sintered ceramic-metal composites (cermets) in the form of rods approximately 1 1/2" in length with round cross-sections of approximately 1/8" diameter. They are further described as follows:

1. Exhibit A - carbide grade HTI10 - comprised of 93% tungsten carbide, 6% cobalt and 1% tantalum carbide

2. Exhibit B - carbide grade MF10 - comprised of 92% tungsten carbide and 8% cobalt

3. Exhibit C - carbide grade UF20 - comprised of 88% tungsten carbide and 12% cobalt

Cermets contain both a ceramic constituent (resistant to heat and with a high melting point) and a metallic constituent. Manufacturing processes used in the production of these products, and also their physical and chemical properties, are related both to their ceramic and metallic constituents, hence their name cermets.

The classification of merchandise under the HTS is governed by the General Rules of Interpretation (GRI'S). GRI 1, HTS, states in part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes...". This Rule applies to your product.

The applicable subheading for all of the ceramic metal composites will be 8113.00.0000, Harmonized Tariff Schedule of the
United States (HTS), which provides for cermets and articles thereof. The duty rate will be 5.5% ad valorem.

This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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