CLA-2-81:OT:RR:NC:N1:117

Mr. Christopher Constantine
Oerlikon Metco (US) Inc.
1101 Prospect Ave.
Westbury, NY 11590

RE: The tariff classification of tungsten carbide thermal spray powder from Germany

Dear Mr. Constantine:

In your letter dated March 23, 2016, you requested a tariff classification ruling.

The products you intend to import are described as tungsten carbide cobalt chromium thermal spray powder. Technical data submitted shows the products to be sintered and crushed. They are used for dense abrasion and erosion resistant coatings. The two thermal spray products specified are Amdry 5843 and WOKA 3903. The compositions are shown to be Tungsten: Balance (which calculates to 76 - 82%) , Carbon: 4.9 - 6%, Cobalt: 9 - 11%, Chromium: 3.1- 4.9%, and a maximum of 2% other elements.

The applicable subheading for the tungsten carbide thermal sprays will be 8113.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for cermets and articles thereof, including waste and scrap. The rate of duty will be 3.7 percent of the value.

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 https://hts.usitc.gov/current

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 Mary Ellen Laker at [email protected].

Sincerely,

Deborah C. Marinucci
Acting Director
National Commodity Specialist Division