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NY I89228




January 2, 2003

CLA-2-72:RR:NC:1:117 I89228

CATEGORY: CLASSIFICATION

TARIFF NO.: 7202.99.5040

Mr. Jim Averweg
Rossborough Manufacturing Co.
P.O. Box 38
33565 Pin Oak Parkway
Avon Lake, Ohio 44012

RE: The tariff classification of calcium silicon from Argentina.

Dear Mr. Averweg:

In your letter dated December 5, 2002, you requested a tariff classification ruling.

The product to be imported is calcium silicon in powder form. A mill analysis submitted with your ruling request shows the following composition: Si: 59.6% Ca: 30.9% Fe: 7.01% Al: 0.73% and C: 0.52%. Ferroalloys are defined in HTS Chapter 72 Note 1. (c) as “Alloys in pigs, blocks, lumps or similar primary formsin granular or powder formscommonly used as an additive in the manufacture of other alloys or as deoxidants, desulfurizing agents or for similar uses in ferrous metallurgy and generally not usefully malleable, containing by weight 4 percent or more of the element iron and one or more of the following:

-more than 10 percent of chromium

-more than 30 percent of manganese

-more than 3 percent of phosphorus

-more than 8 percent of silicon

-a total of more than 10 percent of other elements, excluding carbon, subject to a maximum content of 10 percent in the case of copper.”

Calcium silicon is considered to be a ternary ferroalloy because two of the alloy elements exceed the minimum percentage required in Chapter 72 Note 1. (c), silicon and calcium. See Chapter 72 Subheading Note 2., copy attached.

The applicable subheading for the calcium silicon powder 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 646-733-3020.

Sincerely,

Robert B. Swierupski
Director,

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