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January 27, 1999

CLA-2-72:RR:NC:1:118 D87007


TARIFF NO.: 8111.00.4500

Mr. Herbert William Julich
Delmar International Inc.
147-55 175th St.
Jamaica, NY 11434

RE: The tariff classification of ferro manganese alloy from China.

Dear Mr. Julich:

In your letter dated January 19, 1999, you requested a tariff classification ruling on behalf of your client, Danmet Alloys Ltd, North York, Ontario, Canada. Your submitted sample will be returned to you as requested.

The subject item is described as a low carbon ferro manganese alloy. Your sample shows the product to be in "lump or briquette" form. Your chemical analysis indicates the following % breakdown:

Mn 97.50% (97.00% min.)
Fe 2.00% ( 3.00% max.)
Si 0.30% ( 0.80% max.)
C 0.07% ( 0.10% max.)
P 0.03% ( 0.06% max.)
S 0.03% ( 0.05% max.)
Ni < 0.02%
Cu < 0.03%
Al+Ca+Mg 0.70%

Size: 5 - 50 mm

The applicable subheading for the ferro manganese alloy will be 8111.00.4500, HTS, which provides for manganese and articles thereof, including waste and scrap: other: unwrought manganese. The duty rate will be 14% ad valorem.

Consideration was given to classifying this product under subheading 7202.19.5000, HTS, as you have suggested. However, as your product does not meet the chemical requirements of a ferroalloy as set forth in Chapter 72 note 1(c), (it must contain at least 4% or more by weight of the element iron) it can not be classified as a ferroalloy.

Your merchandise may in fact be subject to Antidumping duties as per case A570-840. Should you require an Antidumping scope determination for this product, please file a request for a formal scope inquiry to: U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, IA Central Records Unit, Room B-009, Attention: Mr. Roland MacDonald, 14th Street and Constitution Avenue, N.W., Washington, DC 20230.

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 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. Effective January 28, the new phone number will be 212-637-7025.


Robert B. Swierupski

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