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NY K88422

January 27, 2005

CLA-2-72:RR:NC:1:117 K88422


TARIFF NO.: 7202.99.8040

Ms. Virginia Sullavan Canter
Samuel Shapiro & Company, Inc.
401 E. Pratt Street, Suite 500
Baltimore, MD 21202

RE: The tariff classification of a calcium silicon barium ferroalloy from Brazil.

Dear Ms. Canter:

In your letter dated August 5, 2004, on behalf of your client, Considar, Inc., you requested a tariff classification ruling.

The product to be importer is a calcium silicon barium powder commonly known as CALSIBAR. With your letter you have provided the following chemical analysis. Si 53-60%, Ca 14-18%, Ba 14-18%, Al 1.5% maximum, C 1% maximum, P 0.05% maximum, S 0.15% maximum, Ti 0.10% maximum with the balance of Fe. A sample of this product was submitted to the New York Laboratory. The laboratory analysis confirms the product composition submitted in the technical literature and indicates that the iron content is by weight over 4%.

The applicable subheading for the calcium silicon barium ferroalloy will be 7202.99.8040, Harmonized Tariff Schedule of the United States (HTS), which provides for ferroyalloys, other, other, other, other. The rate of duty will be 5%.

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 Gloria Stingone at 646-733-3020.


Robert B. Swierupski

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