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NY C86154

April 6, 1998

CLA-2-81:RR:NC:1:118 C86154


TARIFF NO.: 8104.19.0000

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

RE: Correction to NY Ruling B80497

Dear Mr. Knapp:

This letter is being issued to correct a clerical error in NY Ruling B80497, which referenced the word manganese for the subheading for magnesium. Please note that this corrected ruling indicates the proper duty rate for the time frames involved as well as for 1998.

In your letter dated December 13, 1996 you requested, on behalf of your client, Rossborough Manufacturing Company, L.P., a tariff classification ruling.

You stated that the imported item will be AZ10A-F alloy primary magnesium ingot composed of, by weight, 97.15 to 98.05 percent magnesium, 1 to 1.5 percent aluminum, .2 to .6 percent zinc, .1 percent copper, .1 percent silicon, .2 percent manganese, .04 percent calcium, .005 iron, .005 percent nickel, and .3 percent of other elements.

The applicable subheading for the magnesium ingot is 8104.19.0000, Harmonized Tariff Schedule of the United States Annotated, which provides for Magnesium and articles thereof, including waste and scrap: Unwrought magnesium: Other. The rate of duty is 6.5 percent ad valorem. This rate of duty remained the same in 1996 through 1998.

You have stated that you have contacted the U.S. Department of Commerce regarding antidumping duty on your merchandise. You may wish to contact the Department of Commerce for updates prior to your importation. Further, at the time of entry, you may wish to provide the examining Customs officials with the supporting documents regarding non-applicability of the antidumping duty on your imported product.

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

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