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NY B80894




February 27, 1997

CLA-2-81:RR:NC:1:118 B80894

CATEGORY: CLASSIFICATION

TARIFF NO.: 8104.19.0000

Mr. Roy F. Knapp Jr.
President
Consultech Incorporated
18837 Palm Circle
Fairview Park, OH 44126

RE: The tariff classification of crown magnesium from China.

Dear Mr. Knapp:

In your letter dated January 7, 1997 you requested, on behalf of your client, Rossborough Manufacturing Company, L.P., a tariff classification ruling.

You state that the imported item will be magnesium crystal formations known as, "crown magnesium." You further state that this product is produced by reducing dolomite to a magnesium vapor which is then condensed in a simple tubular condenser which is inserted into a retort to form magnesium crystals. It is your contention that this product be classified as magnesium crystal in 3824.90.11 HTS and you have submitted samples of this item for Customs analysis.

The Custom's Lab has determined that the magnesium crown is 96 percent magnesium metal without any oxides present. The Chapter notes to Chapter 38 clearly state in Chapter note 2 (a) "Heading No. 3824 includes the following goods which are not to be classified in any other heading of the tariff schedule: Cultured crystals (other than optical elements) weighing not less than 2.5 g each, of magnesium oxide or of the halides of the alkali or alkaline-earth metals;." Since the submitted sample does not meet this definition, we cannot classify the item as a cultured crystal.

The applicable subheading for the crown manganese ingot will be 8104.19.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Magnesium and articles thereof, including waste and scrap: Unwrought magnesium: Other. The rate of duty will be 6.5 percent ad valorem.

Magnesium from China may be subject to anti-dumping duties. Before you import, we recommend that you contact the International Trade Commission at: Office of Antidumping Investigations
Import Administration
International Trade Administration
U.S. Department of Commerce
14th Street and Constitution Avenue, N.W. Washington, DC 20230

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

A copy of the 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 212-466-5492.

Sincerely,

Robert B. Swierupski
Chief, Metals & Machinery Branch

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