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NY H87590




February 27, 2002

CLA-2-38:RR:NC:2:239 H87590

CATEGORY: CLASSIFICATION

TARIFF NO.: 3824.90.9150

Mr. John L. Reeher
Reade Manufacturing Company
100 Ridgeway Blvd.
Manchester, NJ 08759

RE: The tariff classification of “90/10” and “30/70” from Canada.

Dear Mr. Reeher:

In your letter dated January 15, 2002, you requested a tariff classification ruling for the above products which you have stated are desulfurization reagents used in the manufacture of steel. The first product, “90/10”, is composed of magnesium (87-90%), lime (10-11%), and fluorspar (0.2-1%). The second product, “30/70”, is composed of magnesium (28-30%), lime (69-71%), and fluorspar (0.5-1.5%).

The applicable subheading for both products will be 3824.90.9150, Harmonized Tariff Schedule of the United States (HTS), which provides 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: other. The rate of duty will be 5 percent ad valorem.

You state in your inquiry that an antidumping petition was filed in October, 1999 seeking protection from imports of pure magnesium, regardless of size. Furthermore, a letter requesting that the scope of the investigation be amended to exclude “finished mixtures containing pure magnesium and/or off-specification pure magnesium that are prepared solely for use as a desulfurizer in steel-making, unless such mixtures contain only minimal amounts of non-magnesium materials in order to circumvent an antidumping order” was also submitted.

A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

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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