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NY 883281

April 14, 1993

CLA-2-28:S:N:N7:235 883281


TARIFF NO.: 2830.90.0000 and 2850.00.50

Ms. Jeri A. Ballard
International Accounts Representative
Westinghouse Trading Comoany
Westinghouse Building
Gateway Center
Pittsburgh, PA 15222

RE: The tariff classification of various lithium compounds and alloys from Russia, Australia, Brazil, China, Argentina and Bolivia.

Dear Ms. Ballard:

In your letter dated February 19, 1993, you requested a tariff classification ruling.

The applicable subheading for lithium sulfide will be 2830.90.000, Harmonized Tariff Schedule of the United States (HTS), which provides for other sulfides. The duty rate will be 3 percent ad valorem.

The applicable subheading for the lithium silicon powder will be 2850.00.50, HTS. The duty rate wiil be 3.7 percent ad valorem.

Articles classifiable under subheadings 2830.90.00 and 2850.00.50, HTS, which are products of Brazil, Argentina or Bolivia are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

Your inquiry does not provide sufficient information to classify the lithium-aluminum powder. The classification of aluminum alloy powders is affected by the structure and size of the powder particles. Aluminum alloy powders of non-lamellar structure are classifiable in the provision for, "Aluminum powders and flakes: Powders of non-lamellar structure; flakes...," in subheading 7603.20.00 (HTS), dutiable at the rate of 3.9 percent ad valorem. The tariff defines powders as: "Products of which 90 percent or more, by weight, passes through a sieve having a mesh aperture of 1 M/M." If you still require a ruling on the classification of lithium aluminum alloy powder, please resubmit your request and include a description of the powder particles. Also, describe how the powder is intended to be used after importation, and provide all other relevant information which may affect classification.

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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