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NY F85151




April 4, 2000

CLA-2-72:RR:NC:1:117 F85151

CATEGORY: CLASSIFICATION

TARIFF NO.: 7202.99.5040

Ms. Maryellen Pine
Armen Cargo Services Inc.
150-36 182nd Street
Springfield Gardens, New York 11413

RE: The tariff classification of ferroalloys from Chile.

Dear Ms. Pine:

In your letter dated March 27, 2000 on behalf of Minteq International Inc., you requested a tariff classification ruling.

The product to be imported is a ferroalloy containing 58-65% by weight of silicon, 28-33% by weight of calcium and over 4% by weight of iron.

You express the opinion that this product is classifiable under HTS subheading 7202.21.10 which provides for ferrosilicon. The product Minteq plans to import contains two alloying elements that exceed the minimum percentage set forth in Chapter 72 Note 1. (c): silicon > 8% and calcium > 10%. Therefore, this product is ternary according to Chapter 72 Subheading Note 2. Ferrosilicon is binary since it contains only one of the alloying elements exceeding the minimum percentage set forth in Chapter 72 Note 1. (c): silicon > 8%. Chapter 72 Subheading Note 2 states “A ferroalloy is considered as binary and classified under the relevant subheadingif only one element exceeds the minimum percentage laid down in chapter note 1(c).”

The applicable subheading for this ferroalloy will be 7202.99.5040, Harmonized Tariff Schedule of the United States (HTS), which provides for ferroalloys, other, other, other, other. The rate of duty will be 5 percent 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 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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