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NY G85211

December 29, 2000

CLA-2-81:RR:NC:1:118 G85211


TARIFF NO.: 8104.11.0000

Mr. Eugene Kravets
KMT International
344 De Leon Ave.
Fremont, CA 94539

RE: The tariff classification of magnesium ingots from China, Israel, Ukraine and the Netherlands.

Dear Mr. Kravets:

In your letter dated December 12, 2000, you requested a tariff classification ruling.

You have described your product as magnesium ingots, weighing between 5 and 25 pounds. The magnesium content is greater than 99.9% pure.

The applicable subheading for the magnesium ingots will be 8104.11.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for magnesium and articles thereof, including waste and scrap: unwrought magnesium: containing at least 99.8 percent by weight of magnesium. The general duty rate will be 8% ad valorem. The duty rate is unchanged in 2001.

Articles classifiable under subheading 8104.11.0000, HTS, which are products of Ukraine may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" then search for the term "GSP".

Articles classifiable under subheading 8104.11.0000, HTS, which are products of Israel, are entitled to duty free treatment under the United States Israel Free Trade Act upon compliance with all applicable regulations.

Certain magnesium from the People’s Republic of China and Israel are covered by antidumping case numbers A-570-832 and A-508-809, respectively. Additionally, for Israel countervailing duty case number C-508-810 applies to magnesium. For further information or a scope determination, 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 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 212-637-7025.


Robert B. Swierupski

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