CLA-2-38:OT:RR:NC:N1:239

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

RE: The Classification of Nickel Graphite Abradable Powder from Canada Dear Mr. Constantine:

In your letter dated February 29, 2016, you provided further information on a request for a tariff classification ruling for Nickel Graphite Abradable Powder. The thermal spray powder product line includes the following:

Metco™ 307NS, Metco 307NS-2, Metco 307NS-3, Metco 308NS, Metco 308NS-1, Metco 308NS-3, Metco 309NS-3, Durabrade™ 2211ZB, Durabrade 2221, Durabrade 2222, Durabrade 2223, Durabrade 2224, Durabrade 2231, Durabrade 2241

You state these products, Nickel Graphite Abradable Powder, are thermal spray powders consisting of 60%-85% nickel and 15%-40% artificial graphite. These thermal spray powders are abradable coatings for clearance control applications where the rotating component may come into contact with the coating as a result of design intent or operational surges. The coatings are designed to minimize the wear to the rotating components while maximizing gas path efficiency by providing clearance control in seal areas.

Further, these composite powders are manufactured using the hydrometallurgy autoclave process that encapsulates the graphite core inside a nickel shell to form a continuous cladding. This provides a high-quality binder-free composite powder with no tendency for segregation during transport, storage or spraying.

The applicable subheading for the product line listed above for Nickel Graphite Abradable Powders will be in subheading 3824.99.3900, HTSUS, which provides for Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: Other: Other: Mixtures of two or more inorganic compounds: Other. 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 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 Patrick Day at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division