CLA-2-28:OT:RR:NC:2:236
Ms. Patricia M. Choo
Itochu International Inc.
335 Madison Avenue
New York, NY 10017
RE: The tariff classification of Mixed Metal Hydroxide from Finland.
Dear Ms. Choo:
In your ruling request dated August 22, 2011, on behalf of Itochu International Inc., you requested a tariff classification ruling for mixed metal hydroxide.
You have described the product as cathode materials for lithium ion and lithium polymer batteries. The product contains nickel dihydroxide (30-90%), manganese hydroxide oxide (0-40%), cobalt dihydroxide (1-35%), cobalt hydroxide oxide (1-35%), trimanganese tetraoxide (0-35%), manganese dioxide (0-25%), and manganese dihydoxide (0-25%).
The applicable subheading for the mixed metal hydroxide will be 2853.00.0095, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other inorganic compounds (including distilled or conductivity water and water of similar purity); liquid air (whether or not rare gases have been removed); compressed air; amalgams, other than amalgams of precious metals: Other. The duty rate will be 2.8 percent ad valorem.
This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Mail Code 70480, Washington, D.C., by telephone at (202) 554-1404, or by visiting their website at www.epa.gov.
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 Nuccio Fera at (646) 733-3434.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division