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NY H83632

July 18, 2001

CLA-2-81:RR:NC:1:118 H83632


TARIFF NO.: 8104.30.0000

Mr. Zeke Bahar
CR Supply
23708 Welby Way
West Hills, CA 91307

RE: The tariff classification of magnesium powder from (former) Byelorussia (presently known as Belarus), China, India, Israel, Italy and Russia.

Dear Mr. Bahar:

In your letter dated July 6, 2001, you requested a tariff classification ruling.

You have described your product as ground magnesium powder/atomized magnesium powder containing a minimum of 99% magnesium content. It has a micron size of 200-300 mesh.

The applicable subheading for the magnesium powder will be 8104.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for magnesium and articles thereof, including waste and scrap: raspings, turnings and granules, graded according to size; powders. The general duty rate will be 4.4% ad valorem.

Articles classifiable under subheading 8104.30.0000, HTS, which are products of India and Russia are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. Articles classifiable under subheading 8104.30.0000, HTS, which are products of Israel, are currently entitled to duty free treatment under the United States Israel Free Trade Area (IFTA) upon compliance with all applicable regulations. The GSP and IFTA are 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 and IFTA, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB", “Files” then “Search” for the term "GSP" or “IFTA”.

You requested a binding ruling on the “duties” that may be levied from the countries mentioned above. A list of antidumping (AD)/countervailing (CVD) proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W., Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

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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