CLA-2-28:S:N:N7:236 801877

Mr. Weiji Cui
Marketing Manger
Baotou Steel and Rare Earth Co. (USA)
520 El Camino Real
Suite 200
San Mateo, CA 94402

RE: The tariff classification of Rare Earth Metals from China.

Dear Mr. Cui:

In your letter dated August 31, 1994, you requested a tariff classification ruling for the following ten rare earth metals:

Product: Dysprosium Metal Use: It is mainly used as the additives of ferro-neodymium boron permanent magnets, the flexible alloys caused by super-magnetism, the optical-magnetic recording materials the diluent of nuclear fuel.

Product: Europium Metal Use: It is mainly used in the atomic energy industry and electronic industry. Product: Samarium Metal Use: It is used for making samarium cobalt permanents. magnets.

Product: Yttrium Metal Use: It is mainly used as the additives of ferrous metal and nonferrous metal and also used as the functional materials in the atomic energy industry. Product: Neodymium Metal Use: It used in the ferroneodymium boro magnets.

Product: Praseodymium Metal Use: It is mainly used as the additives of rare earth permanent materials and nonferrous metal alloys. Product: Terbuium Metal Use: It is used as the additives of the flexible alloys casued by super-magnetism, optical-magnetic recording materials and nonferrous metal. Product: Gadolinium Metal Use: It is mainly used in the magnetic materials, atomic energy industry and radio. It is also used as the additives of nonferrous metal alloys. Product: Cerium Metal Use: It is mainly used as the additives of rare earth permanent magnets, percular steel and nonferrons metal alloys.

Product: Lanathanum Metal Use: It is mainly used as the reducing agent in producing peculiar steel, nonferrons metal alloys, the hydrogen- storing material and other rare earth metals.

The applicable subheading for the above products will be 2805.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for rare-earth metals, scandium and yttrium, whether or not intermixed or interalloyed. The rate of duty will be 70.5 cents per kg.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport