CLA-2:CO:R:C:G  084271 JAS
Mr. Stuart E. Tarkan
            National Machinable Carbide, Inc.
            415 Patricia Drive
            Warminster, Pa. 18974
            RE:  Steel-Bonded Titanium Carbide Blanks
            Dear Mr. Tarkan:
                 In a letter dated April 12, 1989, you ask that we
            reconsider a ruling previously issued to you on the
            classification of this merchandise.  Our decision follows.
            FACTS:
                 A letter dated December 27, 1988 (832492), from the Area
            Director of Customs, New York Seaport, held that this
            merchandise, from China (PRC), was classifiable under the
            provision for other bars and rods of other alloy steel, in
            subheading 7228.60.1060, Harmonized Tariff Schedule of the
            United States Annotated (HTSUSA).
                 In the April 12 letter, you note that titanium carbide
            blanks are not within the Chapter 72, Note 1(d), HTSUSA,
            definition of Steel because they contain carbon in excess, by
            weight, of the amount allowed by that chapter note.  These
            blanks cannot, therefore, be classified as alloys of steel.
            More importantly, you state that titanium carbide blanks are
            not bars at all.  Rather, they are ceramic-metal composites or
            cermets.
                 Some confusion may have resulted from the facts outlined
            in your original ruling request.  You described a sample which
            you submitted as a stick having a cross section in the
            approximate shape of a rectangle.  This suggested that the
            product was in bar form.  In addition, the chemical composition
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            you submitted separated the percentage of titanium carbide, by
            weight, from the metallic carbon in the matrix alloy.  This,
            plus your initial reference to "a two-phase sintered alloy" may
            have led New York to conclude that the product was an alloyed
            steel bar for tariff purposes.
                 The merchandise in question consists of a sintered
            combination of titanium carbide micrograins in a tool steel
            matrice in stick form.  The carbide provides wear resistance
            while the steel matrix provides toughness and strength.
            Articles consisting of a ceramic constituent, such as a
            carbide, and a metal component normally in powdered form, bound
            together by sintering, among other processes, are called
            cermets.  Titanium carbide cermets are used to fashion the
            working parts of tools and knives, for example, as well as
            components for bearings, valves, nozzles, and other parts and
            components requiring a high degree of wear-resistance.
            ISSUE:
                 Are tungsten carbide blanks in stick form classifiable as
            alloy steel bars, as cermets, or under another more specific
            provision?
            LAW AND ANALYSIS:
                 General Rule of Interpretation (GRI) 1, HTSUSA, states in
            part that for legal purposes, classification shall be
            determined according to the terms of the headings and any
            relative section or chapter notes.  Section XV, Note 3(c),
            HTSUSA, which governs merchandise classifiable in Chapter 72,
            states that the term "alloys" includes sintered mixtures of
            metal powders other than cermets.  Cermets are therefore
            excluded from classification in Heading 7228 as alloy steel
            bars.
                 Goods consisting of more than one material or substance
            are classifiable in accordance with GRI 3.  With respect to
            goods that are, prima facie, classifiable under two or more
            headings, GRI 3(a) states that the heading which provides the
            most specific description shall be preferred to headings
            providing a more general description.  The merchandise in
            question consists of more than one material or substance.
                 Heading 8113 covers cermets and articles thereof, while
            heading 8209 covers plates, sticks, tips and the like for
            tools, unmounted, of sintered metal carbides or cermets.
            Explanatory Notes, which provide guidance as to the scope of
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            the headings at the international level, indicate, at p. 1100,
            that plates, sticks, tips and the like for tools, of cermets
            with a basis of metal carbides agglomerated by sintering, are
            excluded from classification in heading 8113.  These notes
            place classification in heading 8209.  Therefore, we conclude
            that under GRI 3(a), heading 8209 is more specific than heading
            8113 with respect to the merchandise in question.
            HOLDING:
                 Steel bonded titanium carbide blanks, in stick form, from
            China (PRC), are classifiable under the provision for plates,
            sticks, tips and the like for tools, unmounted, of sintered
            carbides or cermets, in heading 8209.00.0000, HTSUS.  The rate
            of duty is 7 percent ad valorem.
            EFFECT ON OTHER RULINGS:
                 Ruling 832492, dated December 27, 1988, is revoked under
            the authority of section 177.9(d), Customs Regulations.
                                        Sincerely,
John Durant, Director
                                        Commercial Rulings Division