CLA-2-28:S:N:N1:235 869427

Mr. James Wolfe
MPV Lanthanides, Inc.
4880 Robb Street #7
Wheat Ridge, Colorado 80033

RE: The tariff classification of mischmetal from China.

Dear Mr. Wolfe:

In your letter dated November 25, 1991, you requested a tariff classification ruling.

Mischmetal is a commercial form of mixed rare earth metals, usually 95% pure concentrated by electrolysis.

The applicable subheading for mischmetal will be 2805.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for intermixed or interalloyed rare earth metals. The rate of duty will be 70.5 cents per kilogram.

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