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February 10, 1999

CLA-2-72:RR:NC:1:118 D83133

CATEGORY: CLASSIFICATION

TARIFF NO.: 7202.29.0010; 7202.21.5000

Mr. Michael Ohlson
Meiko America Inc.
888 A.E.C. Drive
Wood Dale IL 60191

RE: The tariff classification of inoculants and nodulizing material from Japan.

Dear Mr. Ohlson:

In your letter dated September 23, 1998, and received by this office on February 4, 1999, you requested a tariff classification ruling. The primary reason for the delay in this response to your inquiry is the fact that your submitted sample was sent to our Customs Laboratory for analysis.

The subject items are described as follows:

1. Nodulizing material - containing the following chemical analysis: Si 43 - 47%, Mg 4.75 - 5.25%, Ca 0.80 - 1.20%, Al 0.50 - 1.10%, Re 0.50 - 0.70% with the balance Fe.

2. Inoculant (1) - containing the following chemical analysis: Si 72 - 78%, Ca 0.75 - 1.25%, Ba 0.75 - 1.25%, Al 1.25% maximum with the balance Fe.

3. Inoculant (2) - containing the following chemical analysis: Si 73 - 78%, Ca 0.10% max, Al 0.50% maximum with the balance Fe.

For both inoculants (1) and (2) --- these ingredients are produced by melting the ferrosilicon and by reducing calcium and aluminum. Ferrosilicon is produced by reducing silicon with steel scrap. The steps involved begin by inputting the ingredients into an electric furnace, then melting, reducing, casting, cooling and finally crushing them.

The intended purpose for these materials is to make brake rotors and drums. The materials will be delivered to the end users who will add other materials to these mixtures. The end users will actually make the brake parts.

The applicable subheading for the nodulizing material will be 7202.29.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for ferroalloys: other, containing by weight more than 2 percent of magnesium. The duty rate will be free.

The applicable subheading for the inoculants will be 7202.21.5000, HTS, which provides for ferroalloys: ferrosilicon: containing by weight more than 55 percent of silicon: containing by weight more than 55 percent but not more than 80 percent of silicon: other. The duty rate will be 1.5% ad valorem.

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 Kathy Campanelli at 212-637-7025.

Sincerely,

Robert B. Swierupski
Director

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