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NY F83571




March 16, 2000

CLA-2-72:RR:NC:1:117 F83571

CATEGORY: CLASSIFICATION

TARIFF NO.: 7202.11.10; 7202.11.50; 7202.19.10; 7202.19.50; 7202.21.50; 7202.30.00; 7202.41.00

Mr. John Jager
Toyota Tsusho America, Inc.
702 Triport Road
Georgetown, KY 40324

RE: The tariff classification of ferroalloys from China, India, Kazakhstan and South Africa.

Dear Mr. Jager:

In your letter dated February 19, 2000, you requested a tariff classification ruling.

You plan to import the following ferroalloys: ferromanganese, ferrosilicon, ferrosilicon manganese and ferrochromium. The chemical compositions of these ferroalloys were provided. There are six different grades of ferromanganese with manganese ranging from 73 to 85 percent and carbon ranging from a maximum of 1.0 percent to a maximum of 7.5 percent. There is one grade of ferrosilicon with silicon ranging from 75 to 80 percent. There are two grades of ferrosilicon manganese with manganese ranging from 60 to 70 percent and silicon ranging from 14 to 20 percent. There are five grades of ferrochromium with chromium ranging from 50 percent to a minimum of 65 percent and with maximum carbon contents of either 8.0 or 8.5 percent. The ferromanganese, ferrosilicon, ferrosilicon manganese and two grades of ferrochromium will be imported from China. One grade of ferrochromium will be imported from India, one grade from Kazakhstan and one grade from South Africa.

The applicable subheading for the ferromanganese containing over 2 percent but not over 4 percent of carbon will be 7202.11.10, Harmonized Tariff Schedule of the United States (HTS), which provides for ferroalloys, ferromanganese, containing by weight more than 2 percent of carbon, containing by weight more than 2 percent but not more than 4 percent of carbon. The rate of duty will be 1.4 percent ad valorem.

The applicable subheading for the ferromanganese containing over 4 percent of carbon will be 7202.11.50, HTS, which provides for ferroalloys, ferromanganese, containing by weight more than 2 percent of carbon, containing by weight more than 4 percent of carbon. The rate of duty will be 1.5 percent ad valorem.

The applicable subheading for the ferromanganese containing up to 1 percent of carbon will be 7202.19.10, HTS, which provides for ferroalloys, ferromanganese, other, containing by weight not more than 1 percent of carbon. The rate of duty will be 2.3 percent ad valorem.

The applicable subheading for the ferromanganese containing over 1 percent but not over 2 percent of carbon will be 7202.19.50, HTS, which provides for ferroalloys, ferromanganese, other, containing by weight more than 1 percent but not more than 2 percent of carbon. The rate of duty will be 1.4 percent ad valorem.

The applicable subheading for the ferrosilicon will be 7202.21.50, 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 rate of duty will be 1.5 percent ad valorem.

The applicable subheading for the ferrosilicon manganese will be 7202.30.00, HTS, which provides for ferroalloys, ferrosilicon manganese. The rate of duty will be 3.9 percent ad valorem.

The applicable subheading for the ferrochromium containing over 4 percent of carbon will be 7202.41.00, HTS, which provides for ferroalloys, ferrochromium, containing by weight more than 4 percent of carbon. The rate of duty will be 1.9 percent ad valorem.

Articles classified under subheading 7202.41.00, HTS, which are products of India, Kazakhstan and South Africa are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on “CEBB” and then search for the term “GSP”.

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

Attached is information on antidumping and countervailing duty cases on ferroalloys.

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 Paula Ilardi at 212-637-7016.

Sincerely,

Robert B. Swierupski
Director,

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