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NY H86196




December 26, 2001

CLA-2-38:RR:NC:2:239 H86196

CATEGORY: CLASSIFICATION

TARIFF NO.: 3824.90.3900

Ms. Kimberly M. Novak
Emery Worldwide
6940A Engle Rd.
Middleburg Heights, OH 44130

RE: The tariff classification of Cutting Inserts from Germany.

Dear Ms. Novak:

In your letter dated December 11, 2001, on behalf of your client Kennametal Inc., you requested a tariff classification ruling for cutting inserts which you have stated are used on lathe, milling and drilling machine tools. They are attached to the cutting tool holder by screw or clamping. They are designed for easy replacement of worn out inserts so that the cutting tool itself does not need to be replaced.

The composition of the product is essentially unfired pressed silicon nitride powder with 1% yttruim oxide and 1% magnesium oxide. You also state that the product is to be further processed by sintering.

The applicable subheading will be 3824.90.3900, Harmonized Tariff Schedule of the United States (HTS), which provides for prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included; residual products of the chemical or allied industries, not elsewhere specified or included: mixtures of two or more inorganic compounds: other. This provision is duty free.

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 Andrew Stone at 646-733-3032.

Sincerely,

Robert B. Swierupski, Director
National Commodity Specialist Division

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