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NY J85134

June 2, 2003

CLA-2-76:RR:NC:1:118 J85134


TARIFF NO.: 7603.20.0000

Mr. Max S. Strauss
Max S. Strauss, LLC
33 West 67th Street
New York, NY 10023

RE: The tariff classification of aluminum foil powder from Germany.

Dear Mr. Strauss:

In your letter dated May 28, 2003, you requested a tariff classification ruling.

You have described your merchandise as paperbacked aluminum foil scrap. It was produced from waste baled beverage and liquid food containers, consisting of paraffin coated paper containers lined on the inside with aluminum foil. It is then further processed. In its imported condition, the resulting product is made of 95%-96% aluminum foil granules, 1%-3% carbon, and the balance of aluminum oxide. You have stated that 90% of the foil granules, which you have advised us are of a lamellar structure, will pass through a sieve having a mesh aperture of 1 mm. In its imported condition, it is ready to be mixed and briquetted for remelting.

The applicable subheading for the aluminum foil granules will be 7603.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for aluminum powder and flakes: powders of lamellar structure; flakes. The rate of duty will be 3.9% ad valorem.

Consideration was given to classifying your product in subheading 7602.00.9000, HTS, as you have suggested. However, that classification was deemed inappropriate as the merchandise has been processed and is no longer considered waste or scrap.

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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