CLA-2-28:OT:RR:NC:2:236

Mr. Andrew Werner
Western Overseas Corporation
P.O. Box 90099
Long beach, CA 90809

RE: The tariff classification of Papcal calcium cored wire from France.

Dear Mr. Werner:

In your letter dated May 23, 2009, on behalf of your client, Affival Inc. you requested a tariff classification ruling.

The sample that you submitted was analyzed by our laboratory.

Your letter states that the calcium powder in the cored wire contains 97 percent calcium with residual trace elements.

The Papcal calcium cored wire is used by steel makers by injecting the wire at a defined footage when the steel is in molten form in order to modify inclusions contained in the steel. You state that the steel sheathing of the wire is used only to hold the calcium contents and is subsequently melted off during the injection process with no additional benefit to the steel making process.

The applicable subheading for the Papcal calcium cored wire will be 2805.12.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Alkali or alkaline-earth metals; rear-earth metals, scandium and yttrium, whether or not intermixed or interalloyed; mercury: Alkali or alkaline-earth metals: Calcium. The rate of duty will be 3 percent ad valorem.

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 Debra Wholey at (646) 733-3034.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division