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NY B85281





May 13, 1997

CLA-2-71:RR:NC:1:115 B85281

CATEGORY: CLASSIFICATION

TARIFF NO.: 7115.90.6000

Mr. Joseph J. Werner
Degussa Corporation
3900 South Clinton Avenue
South Plainfield, NJ 07080

RE: The tariff classification of gauze from Germany and/or Brazil.

Dear Mr. Werner:

In your letter dated April 30, 1997, you requested a tariff classification ruling.

The subject item, that will be imported in large rolls, is described as a semimanufactured gauze which is made of 90% platinum and 10% rhodium. After importation into the U.S., the gauze will be burned, degreased, cut, trimmed, and shaped. The end product will then be marketed for catalytic use in the production of nitric acid.

The applicable subheading for the Pt/Rh gauze will be 7115.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of precious metal or of metal clad with precious metal: other. The duty rate will be 5.6% ad valorem.

Articles classifiable under subheading 7115.90.6000, HTS, which are products of Brazil, are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

Consideration was given to classifying this product under subheading 9802.00.50 or 9802.00.80, HTS, as you have suggested. However, for 9802.00.50 to apply, the item must be of certain material(s) which your product is not. 9802.00.80, HTS is limited to assembly operations.

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

A copy of this 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 Melvyn Birnbaum at 212-466-5487.

Sincerely,

Robert B. Swierupski
Chief, Metals & Machinery Branch

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