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NY 867936

Nov 19, 1991

CLA-2-28:S:N:N1:235 867936


TARIFF NO.: 2850.00.5000

Ms. Peggy Ingram
Polymet Alloys, Inc.
Birmingham, Alabama 35232

RE: The tariff classification of calcium silicon and calcium silicon barium from Brazil.

Dear Ms. Ingram:

In your letter dated September 10, 1991 you requested a tariff classification ruling.

Both compounds described above, contain aluminum, sulfur, phosphorous and less than 4% iron. Calcium silicon also contains carbon. Both are said to be used in metallurgical applications.

The Explanatory Notes to Chapter 72 state that chemical products used for the same purposes and in the same way as ferro- alloys, and contain less than 4 percent by weight of iron, are classifiable in Chapter 28. Calcium silicon and calcium silicon barium, described above, do fall within this chapter. However, both products are not purely calcium silicides, and therefore, subheading 2850.00.0500, (HTS) would not apply as you indicated. The applicable subheading for calcium silicon and calcium silicon barium, as described above, will be 2850.00.5000, (HTS). This subheading provides for other silicides whether or not chemically defined. The rate of duty will be 3.7 percent ad valorem.

Articles classifiable under subheading 2850.00.5000, HTS, which are products of Brazil are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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