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NY 884433

May 4, 1993

CLA-2-28:S:N:N7:235 884433


TARIFF NO.: 2850.00.5000

Mr. Mark S. Walker
Vice President- Ferroalloys
American Carbon Metals Corporation
100 Hightower Boulevard
Pittsburg, PA 15205-1134

RE: The tariff classification of an aluminum silicon master alloy composed of less than 50% aluminum, more than 50% silicon and the balance composed of iron and other elements, from China.

Dear Mr. Walker:

In your letter dated March 30, 1993, you requested a tariff classification ruling. You also indicated in that letter that you believed that hts 7601.20.6000 should apply.

Hts 7601.20.6000 cannot apply because this product is not an alloy within the tariff term. It is not an alloy of aluminum for tariff purposes because the total weight of the aluminum does not equal or exceed the total weight of the other elements present.

The applicable subheading for the product described above will be 2850.00.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other silicides. The rate of duty will be 3.7 percent ad valorem.

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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