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NY A84093

June 28, 1996

CLA-2-72:S:N1:118 A84093


TARIFF NO.: 7202.99.5040
Mr. James R. Wolfe
Stonegate International Inc.
7126 180th Avenue N.E., Unit C-104
Redmond, WA 98052

RE: The tariff classification of rare earth ferro silicide from China.

Dear Mr. Wolfe:

This is in response to your request, on behalf of Premier Refractories and Chemicals, Inc., for a tariff classification ruling dated May 28, 1996.

The item which you refer to as rare earth silicide and rare earth ferro silicide is a metal alloy, which you state is composed of 33 percent Mischmetal, 33 percent Silicon, 33 percent Iron and 1 percent impurities. You state that the material is imported in ingot form and will be used as a refining agent in the manufacture of cast iron and steel.

Mischmetal is provided for under 2805 HTS. However the explanatory note to that provision states that when mischmetal is alloyed with more than 5 percent iron or other metals it is classified in another provision.

The provision applicable to this product will be subheading 7202.99.5040, HTS, which provides for: Ferroalloys: Other: Other. The rate of duty is 5 percent ad valorem.

If you require a scope determination ruling on the applicability of anti-dumping duty to your product, please write directly to:

Director, Office of Anti-Dumping Compliance International Trade Administration
United States Department of Commerce
Washington, D.C. 20230

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 the office of National Import Specialist 118 at 212-466-5492.


Roger J. Silvestri
National Commodity

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