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NY E87965




January 19, 2000

CLA-2-71:RR:NC:1:118 E87965

CATEGORY: CLASSIFICATION

TARIFF NO.: 7112.20.0000

Mr. Marc A. Giannini
Great Lakes Customs Brokerage, Inc.
4500 Witmer Industrial Estates
Niagara Falls, NY 14305-1386

RE: The tariff classification of spent catalysts returned from Canada.

Dear Mr. Giannini:

In your letter dated October 5, 1999, received in this office on January 3, 2000, you requested a tariff classification ruling on behalf of your client Uniroyal Chemical Co., Elmira, Ontario, Canada.

You stated that the items are spent catalysts of either platinum or palladium (5% and 3%) metal on carbon. They use both a dry catalyst and one that is in water. When the catalysts are used they lose their “activeness” but are not consumed. The residues still contain all the carbon and metal. These residues are returned to the supplier/refiner in the United States for recycling where the precious metals are extracted and the other materials are burned off. The paperwork that you furnished was sent to our laboratory for their opinion, causing a delay in our response to you. The laboratory reports indicated that the items are scrap material(s) containing platinum and palladium metal respectively.

The applicable subheading for the spent catalysts will be 7112.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for waste and scrap of precious metal or of metal clad with precious metal; other waste and scrap containing precious metal or precious metal compounds, of a kind used principally for the recovery of precious metal: of platinum, including metal clad with platinum but excluding sweepings containing other precious metals. The duty rate will be free.

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
National Commodity

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