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NY G82084




September 21, 2000

CLA-2-81:RR:NC:1:118 G82084

CATEGORY: CLASSIFICATION

TARIFF NO.: 8104.30.0000

Mr. Ryan Campbell
Cometals
222 Bridge Plaza South
Fort Lee, NJ 07024

RE: The tariff classification of magnesium powder from China.

Dear Mr. Campbell:

In your letter dated September 8, 2000, you requested a tariff classification ruling.

You have described your product as magnesium powder in both 99.0% and 99.8% purity.

The applicable subheading for the magnesium powder in both purities will be 8104.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for magnesium and articles thereof, including waste and scrap: raspings, turnings and granules, graded according to size; powders. The duty rate will be 4.4% ad valorem.

Pure magnesium and alloy magnesium from the People’s Republic of China is covered by antidumping case number A-570-832. However, magnesium in powder form is said to be excluded from the case. For further information or a scope determination, we recommend that you contact the International Trade Commission at:

Office of Antidumping Investigations
Import Administration
International Trade Administration
U.S. Department of Commerce
14th Street and Constitution Avenue, N.W. Washington, DC 20230

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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