CLA-2-76:RR:NC:1:118 G82889

Mrs. Lydia Osorio
Luis A. Garcia
G.P.O. Box 360884
San Juan, PR 00936-0884

RE: The tariff classification of an aluminum billet from Venezuela and Canada.

Dear Mrs. Osorio:

In your letter dated October 17, 2000, submitted on behalf of your client, Aluminum & Extrusion Corp., Canovanas, PR, you requested a tariff classification ruling.

You have described your submitted sample as a primary cylindrical aluminum billet 7” x 18”, product code BI-606080-7X18. This billet, which is made by a semi-continuous vertical casting process, is used for the extrusion of aluminum. The chemical analysis for this item is as follows: silicon 0.45%, iron 0.17%, copper < 0.01%, manganese 0.03%, magnesium 0.43%, chromium < 0.01%, zinc 0.01%, titanium 0.01%, nickel 0.01%, boron <0.001%, sodium 0.001% and the balance is aluminum.

The applicable subheading for the aluminum billet will be 7601.20.9045, Harmonized Tariff Schedule of the United States (HTS), which provides unwrought aluminum: aluminum alloys: other: other: other: of uniform circular cross section throughout its length, not in coils. The duty rate will be free.

Consideration was given to classifying this product under subheading 7606.92.6080, HTS, as you have suggested. However, as the product does not meet the legal definition of plates, sheets and strips as described in Note 1(d) to Chapter 76, your suggested classification is deemed inappropriate.

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.

Sincerely,

Robert B. Swierupski
Director
National Commodity
Specialist Division