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NY 807394

March 2, 1995

CLA-2-82:S:N:N3:115 807394


TARIFF NO.: 8209.00.0030

Ms. Linda Edwards
Schenkers International, Inc.
123 Sivert Court
Bensenville, IL 60106

RE: The tariff classification of carbide blank inserts from Germany.

Dear Ms. Edwards:

In your letter dated February 15, 1995, you requested a tariff classification ruling, on behalf of your client, Ingersoll Cutting Tools of Rockford, IL.

The subject items, models CDW 323R-9FW53 and LNR446-62560, are made from tungsten powders that have been exported to Germany where they are pressed and sintered (a heating process) into a solid form with a hole in its center. It is then returned to the United States where the blanks go through further manufacturing processes. These various processes include coating. The insert will be attached by a screw and used as part of the cutting surface of a cutting tool. Your client states that the inserts have no value as imported and must have the additional processing in order for the product to be saleable.

In your letter, you show an advisory classification of HTS 8207.90.3085, which was given to you by the Chicago Import Specialist Team. In order for blanks or inserts to be classified therein, they must be mounted on to a cutting tool. The unmounted blanks, which they are in their imported condition, are excluded in the Explanatory Notes requirements for 82.07.

The importer raises the question of classification of these items under 8101.91, HTS, which provides for unwrought tungsten, including bars and rods obtained simply by sintering; waste or scrap. This office would not consider 8101.91, HTS, as the proper classification because the imported products are neither a rod nor a bar. It is actually in the shape of an insert. Ingersoll is of the opinion that the imported products are not inserts, but merely blanks. There appears to be a question of finished versus unfinished inserts. This office is of the opinion that the items in question are in fact unfinished inserts and classification in 8101.91, HTS, is precluded. Upon further examination of heading 8101, HTS, the classification in 8101.99, HTS, which provides for other tungsten articles was considered. Although, 8101.91, HTS, was ruled out, 8101.99, HTS, would be possible if another more specific provision did not exist. As subheading 8209.00.0030, HTS, is a more specific provision, which provides for plates, sticks, tips and the like for tools, unmounted, of sintered metal carbides and your blanks fit its description precisely, 8101.99, HTS is ruled out.

The applicable subheading for the carbide blank inserts will be 8209.00.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for plates, sticks, tips and the like for tools, unmounted, of sintered metal carbides. The duty rate will be 6.5% 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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