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NY J80044

January 21, 2003

CLA-2-75:RR:NC:N1:118 J80044


TARIFF NO.: 7502.20.00

Ms. Cindy Miller
Manager Export Sales
Haynes International, Inc.
1020 West Park Avenue
P.O. Box 9013
Kokomo, Indiana 46904-9013

RE: The tariff classification of nickel-iron alloy from the United States.

Dear Ms. Miller:

In your letter dated January 10, 2003, you requested a ruling on tariff classification.

The product is stated to be a nickel-iron alloy ingot, HAYNES® HR-120®, round and slab. The composition is stated to be >37% Ni, >34% Fe, >25% Cr with additional elements not exceeding 1% each. You have indicated that the product is used to manufacture forged rings for gas turbine engines. It is not used as an additive material for steel.

The applicable subheading for this product will be 7502.20.00, Harmonized Tariff Schedule of the United States (HTS), which provides for [u]nwrought nickel: [n]ickel alloys.

Consideration was given to classifying this item as a ferro-alloy within heading 7202, however it was deemed to be inappropriate. Although not legally binding, the Explanatory Notes to the HTS represent the official interpretation of the tariff at the international level. The EN's offer guidance in understanding the scope of the provisions within each chapter of the schedule. In part, the EN’s to 72.02 state [t]he heading excludes:

(d) Products which in some countries are sometimes known as ferro-nickels or ferro-nickel-chromes, and which are malleable and are not normally used as “addition materials” in iron and steel metallurgy (headings 72.18 to 72.29 or Chapter 75).

Accordingly, based on the above noted exclusion and your statement that your product is forged (which would mean it’s malleable) and not used as “addition materials” in iron and steel metallurgy, it is excluded from classification within heading 7202.

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 646-733-3021.


Robert B. Swierupski

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