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NY B87839





November 3, 1997

CLA-2-28:RR:NC:2:236 B87839

CATEGORY: CLASSIFICATION

TARIFF NO.: 2804.69.5000

Mr. Jim Skipsey
Commercial Metals Company
P.O. Box 1046
Dallas, Texas 75221-1046

RE: The tariff classification of aluminum silicon metal from China

Dear Mr. Skipsey:

In your letter dated July 29, 1997, you requested a tariff classification ruling.

You indicate that the material, aluminum silicon metal, is composed of 91% silicon, 7.91% aluminum, 0.78% iron and 0.39% calcium. This material is used for alloying metals.

The applicable subheading for aluminum silicon metal as described above will be 2804.69.5000, Harmonized Tariff Schedule of the United States, which provides for Hydrogen, rare gases and other nonmetals: Silicon: Other: Other. The rate of duty will be 6.9 percent ad valorem.

The Department of Commerce has determined that material containing between 89.00 and 96.00 percent silicon by weight is the same class or kind of merchandise as silicon metal described in the less than fair value investigation covering silicon metal containing at least 96.00 percent but less than 99.99 percent silicon by weight. Therefore, such material is within the scope of the Antidumping Duty Orders on Silicon Metal from the Peoples Republic of China, Brazil and Argentina.

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 V. Gualario 212-466-5744.

Sincerely,

Robert Swierupski
Director

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