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NY I84816

August 23, 2002

CLA-2:70:RR:NC:2:226 I84816

Mr. Melvin Schwechter
LeBoeuf, Lamb, Greene & MacRae
1875 Connecticut Ave., N.W.
Suite 1200
Washington, D.C. 20009-5728

Tarrif No.: 2620.40.0060

RE: Residue from Canada

Dear Mr. Schwechter:

In your letter dated July 25, 2002,on behalf of Alcoa, you requested a tariff classification ruling regarding a residue (“spent pot lining”) from Canada.

The material is produced as a residue of aluminum smelting operations in Canada. It consists of the failed carbon pot lining in which the aluminum is smelted as well as the residues of the materials processed in the pot lining.

The spent pot lining contains carbon, tri-sodium hexafluoro-aluminate, sodium aluminate, aluminum oxide, silica, calcium fluoride, iron sulfide and cyanide.

You indicated that this material is dangerous and highly reactive. Your letter states that it will be imported for treatment (including removal of the cyanide) and deposit into a landfill.

You also indicated that during treatment some aluminum scrap is extracted from the material. In addition you stated that parts of the steel bars from the failed pot are extracted. The recaptured aluminum scrap is melted into scrap ingot and sold on the open market. The steel bars are similarly recycled and sold as scrap on the open market.

The applicable subheading for the residue will be 2620.40.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for ash and residues (other than from the manufacturer of iron or steel) containing arsenic, metals or their compounds: containing mainly aluminum. The rate of duty will be free.

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 filed at the time this merchandise is imported.

This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), administered by the U.S. Environmental Protection Agency. You may contact that agency at 402 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or at EPA Region II, telephone number (908) 321-6669.

If you have any questions regarding the ruling, contact National Import Specialist Jacob Bunin at 646-733-3027.


Robert B. Swierupski
National Commodity

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