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NY 808064




April 21, 1995

CLA-2-76:S:N:N3:118 808064

CATEGORY: CLASSIFICATION

TARIFF NO.: 7602.00.0090, 7204.49.0080, 7204.29.0000

Mr. Carl D. Cammarata
Law Offices of George R. Tuttle
Three Embarcadero Center
Suite 1160
San Francisco, Ca 94111

RE: The tariff classification of aluminum scrap from Russia.

Dear Mr. Cammarata:

This is in response to your request, on behalf of your client, the Peace Missile Corporation, for a tariff classification ruling, dated March 14, 1995.

You have described the material to be imported, as scrap which will come from dismantled Soviet missiles. You state that the scrap is composed of aluminum and traces of magnesium, or steel with some boron, and it will be imported in 2 to 10 pound pieces measuring approximately 10 by 12 inches.

You state that the uniqueness of the product will be that it is scrap from a soviet weapon which will be turned into various sporting goods. In use, the pieces will be added to the melt in metallurgy.

Aluminum articles which are obsolete, defective or damaged, and which are fit only for the recovery of the metal content are classifiable in subheading 7602.00.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for aluminum waste and scrap. The rate of duty is free.

Nonalloy steel articles which are obsolete, defective or damaged, and which are fit only for the recovery of the metal content are classifiable in subheading 7204.49.0080, HTS, which provides for other ferrous waste and scrap. The rate of duty is free.

Alloy steel articles (containing more than .0008 percent by weight of boron) which are obsolete, defective or damaged, and which are fit only for the recovery of the metal content are classifiable in subheading 7204.29.0000, HTS, which provides for alloy steel waste and scrap. The rate of duty is free.

These views, however, cannot serve as a binding advance commitment by the Customs Service to so classify your client's intended importation as waste or scrap, since that would involve assumptions as to facts which can only be determined at the time of inspection.

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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