CLA-2-117:OT:RR:NC:N1:117

Mr. John M. Peterson
Neville Peterson LLP
17 State Street, 19th Floor
New York, NY 10004

RE: The tariff classification of nickel alloy powder from Japan.

Dear Mr. Peterson:

In your letter dated December 9, 2007 on behalf of Alconix USA Inc., you requested a tariff classification ruling. The sample which you submitted is being retained by this office.

The product to be imported is described as a nickel brazing filler material. It is composed by weight of approximately 60.9% nickel, 29% chromium, 4% by weight of silicon, less than 0.1% of carbon and approximately 6.0 % phosphorous. Identified as FP-613-250, this product is being imported in a gas atomized alloy powder form. It has been produced by the melting of the various elements together followed by atomizing in a cyclone chamber to produce individual particles. The particles are then sieved and mixed and readied for inspection and shipping. All particles are capable of passing through a 1mm sieve. The filler will be used in brazing and welding applications.

The applicable subheading for the nickel alloy powder will be 7504.00.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for nickel powders and flakes, powders. The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division