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NY R01933




May 27, 2005

CLA-2-72:RR:NC:117: R01933

CATEGORY: CLASSIFICATION

TARIFF NO.: 7202.99.8040

Mr. Andrew S. Lison
Epp-Mar Metal Company
93 Mannetto Hill Road
Huntington, NY 11743

RE: The tariff classification of vanadium alloy from Russia.

Dear Mr. Lison:

In your letter dated May 6, 2005 you requested a tariff classification ruling.

The item to be imported is a ferroalloy presented in lump form. It is composed essentially of 70 percent vanadium, 17.4 percent aluminum and 11.7 percent iron. This product will be used as an additive in foundries.

The applicable subheading for the lump vanadium will be 7202.99.8040, Harmonized Tariff Schedule of the United States (HTS), which provides for ferroalloys, other, other, other, other. The rate of duty will be 5 percent.

In your letter you inquire as to classification of this product in subheading 7601.20.9030 as an aluminum vanadium master alloy. Since the aluminum content in this particular alloy is only 17.4 percent, and does not predominate by weight over each of the other elements, it cannot be considered an aluminum product. In addition, the product contains over 4 percent iron and is considered a ferroalloy.

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 Gloria Stingone at 646-733-3020.

Sincerely,

Robert B. Swierupski
Director,

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