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

Mr. Michael Farley
Injection Alloys, Inc.
8537 Dixie Highway
Florence, K.Y. 41042

RE: The tariff classification of Hi-Cal® pure calcium wire from China

Dear Mr. Farley:

In your letter dated October 7, 2009 you requested a tariff classification ruling.

You state in your letter that calcium metal originating from China will be sent to Mexico where it will be encapsulated in a steel sheath, packaged and then sent to the USA. The calcium cored wire will contain 98 percent calcium. The steel sheathing of the wire is used to hold the calcium contents and is melted off during the injection process. The sheathing is used as a packing or carrier. The product is used in steelmaking, secondary refining/ ladle metallurgy to add pure calcium to liquid steel. The process undertaken in Mexico no way alters the product in its tariff classification.

The applicable subheading for the Hi-Cal® pure calcium 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