CLA-2-75, 81:OT:RR:NC:N1:117

Ms. Stephanie Yelin
Traffic Coordinator
CMC Cometals
2050 Center Avenue
Suite 250
Fort Lee, NJ 07024

RE: The tariff classification of nickel niobium pieces from Russia

Dear Ms. Yelin:

In your letter dated July 26, 2016 you requested a tariff classification ruling.

The products you intend to import are described as nickel niobium master alloy lumps crushed into sizes ranging from 10 to 100 mm. The technical data chart lists six alloys. Two of the alloys show niobium at 30 - 45 percent and nickel at 40 - 60 percent. Two of the alloys show niobium at 55 – 65 percent with nickel at 30 - 45 percent. The final two alloys listed show niobium at 70 – 85 percent and nickel at 15 – 30 percent. All alloy groups show low levels of aluminum, silicon, iron and carbon. The stated use of the described master alloys is as alloying additives for specialty steel production.

The applicable subheading for the alloys predominantly of nickel will be 7502.20.0000 , Harmonized Tariff Schedule of the United States (HTSUS), which provides for unwrought nickel: nickel alloys. The rate of duty will be free.

The applicable subheading for the alloys predominantly of niobium will be 8112.92.4000 , Harmonized Tariff Schedule of the United States (HTSUS), which provides for beryllium, chromium, germanium, vanadium, gallium, hafnium, indium, niobium (columbium), rhenium and thallium, and articles of these metals, including waste and scrap Other: Unwrought: waste and scrap; powders: Other: Niobium. The rate of duty will be 4.9 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,

Steven A. Mack
Director
National Commodity Specialist Division