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June 30, 1999

CLA-2-81:RR:NC:1:119 E83908

CATEGORY: CLASSIFICATION

TARIFF NO.: 8111.00.4500

Ms. Susan Dafoe
Advisor
Customs & Trade Services Group
Affiliated Customs Brokers Limited
6470 Northam Drive
Mississauga, Ontario L4V 1H9 Canada

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of Manganese Briklets from Canada; Article 509

Dear Ms. Dafoe:

In your letter dated June 15, 1999, on behalf of your client, CC Metals and Alloys of Amherst, NY, you requested a ruling on the status of manganese briklets from Canada under the NAFTA.

You state that the prospective imported merchandise is manganese briklets, Mn 80/5 and Mn 85/5. They are manufactured by compressing manganese, iron and aluminum powders. These products are high concentrated alloying additions used to adjust the manganese content in aluminum melts. The product data sheets you provided represent the composition of the finished products that will be manufactured in Canada by an affiliate of CC Metals and Alloys. The composition of both products is as follows:

Mn 80/5 Briklets Mn 85/5 Briklets
Mn Fe Al Mn Fe Al min. (%) 79 4 14 84 4 9 max. (%) 81 6 16 86 6 11

The typical weight of each briklet is stated to be 0.25 lbs. (113 g). You further state that the source of the raw materials will be either Germany or China.

The applicable tariff provision for both the Mn 80/5 and Mn 85/5 manganese briklets will be 8111.00.4500, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for manganese and articles thereof, including waste and scrap: other: unwrought manganese. The general rate of duty will be 14% ad valorem.

The merchandise does not qualify for preferential treatment under the NAFTA because all of the non-originating materials used in the production of these briklets will not undergo the change in tariff classification required by General Note 12(t)/81.24, HTSUSA. A change to heading 8111 from any other chapter is required. This requirement was not met by the non-originating manganese powder, which is classified within heading 8111.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

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 212-637-7025.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229.

Sincerely,

Robert B. Swierupski
Director,

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