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NY C86153

April 6, 1998

CLA-2-81:RR:NC:1:118 C86153


TARIFF NO.: 8104.19.0000

Mr. Roy F. Knapp Jr.
Consultech Incorporated
18837 Palm Circle
Fairview Park, OH 44126

RE: Correction to NY Ruling B80894.

Dear Mr. Knapp:

This letter is being issued to correct a clerical error in NY Ruling B80894, which referenced the word manganese for the subheading for magnesium. Please note that this corrected ruling indicates the proper duty rate for the time frame involved as well as for 1998.

In your letter dated January 7, 1997 you requested, on behalf of your client, Rossborough Manufacturing Company, L.P., a tariff classification ruling.

You stated that the imported item will be magnesium crystal formations known as, "crown magnesium." You further stated that this product is produced by reducing dolomite to a magnesium vapor which is then condensed in a simple tubular condenser which is inserted into a retort to form magnesium crystals. It was your contention that this product be classified as magnesium crystal in 3824.90.11 HTS and you had submitted samples of this item for Customs analysis.

The Custom's Lab had determined that the magnesium crown was 96 percent magnesium metal without any oxides present. The Chapter notes to Chapter 38 clearly state in Chapter note 2 (a) "Heading No. 3824 includes the following goods which are not to be classified in any other heading of the tariff schedule: Cultured crystals (other than optical elements) weighing not less than 2.5 g each, of magnesium oxide or of the halides of the alkali or alkaline-earth metals;." Since the submitted sample had no magnesium oxide, we could not classify the item as a cultured crystal.

The applicable subheading for the crown magnesium ingot will be 8104.19.0000, Harmonized Tariff Schedule of the United States, which provides for Magnesium and articles thereof, including waste and scrap: Unwrought magnesium: Other. The rate of duty was 6.5 percent ad valorem in 1997 and is the same rate of duty for 1998.

Magnesium from China may be subject to anti-dumping duties. Before you import, we recommend that you contact the International Trade Commission at:

Office of Antidumping Investigations
Import Administration
International Trade Administration
U.S. Department of Commerce
14th Street and Constitution Avenue, N.W. Washington, DC 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 National Import Specialist Kathy Campanelli at 212-466-5492.


Robert B. Swierupski
Director National Commodity

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