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 nickel thermal spray powder from Germany

Dear Mr. Constantine:

In your letter dated May 18, 2016 you requested a tariff classification ruling.

The product you plan to import is described as tungsten carbide nickel thermal spray powder which is composed of 75 percent tungsten, 19.5 percent nickel and 5.5 percent carbon. The product is identified as Woka 3500 Series. The powder is described as agglomerated and sintered. It is of a particle size that qualifies as powder, as defined in Section XV of the Harmonized Tariff Schedule of the United States (HTSUS), Note 8 (b). It is intended to be used in the HVOF or Plasma spray process and is said to function as a cermet.

The applicable subheading for the Woka 3500 Series tungsten carbide nickel thermal spray powder will be 8113.00.0000 , HTSUS, which provides for cermets and articles thereof, including waste and scrap. The rate of duty will be 3.7 percent.

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,

Steven A. Mack
Director
National Commodity Specialist Division