CLA-2-28:OT:RR:NC:2:136

Ms. Michele Leonelli
Urban Mining Co.
8201 E. Riverside Drive, Suite 150
Austin, TX 78744

RE: The tariff classification of “Dysprosium, Neodymium, and Terbium” from China

Dear Ms. Leonelli:

In your letter dated October 5, 2017, you requested a tariff classification ruling on “Dysprosium, Neodymium, and Terbium.”

In your submission, you indicate that “Dysprosium, Neodymium, and Terbium” are individual chemical elements, which are each equal to or greater than 99% pure. The three products at issue are chemically known as rare-earth metals.

The applicable subheading for “Neodymium” will be 2805.30.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Alkali or alkaline-earth metals; rare-earth metals, scandium and yttrium, whether or not intermixed or interalloyed; mercury: Rare-earth metals, scandium and yttrium, whether or not intermixed or interalloyed; Not intermixed or interalloyed: Neodymium. The general rate of duty will be 5 percent ad valorem.

The applicable subheading for “Dysprosium and Terbium” will be 2805.30.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Alkali or alkaline-earth metals; rare-earth metals, scandium and yttrium, whether or not intermixed or interalloyed; mercury: Rare-earth metals, scandium and yttrium, whether or not intermixed or interalloyed; Not intermixed or interalloyed: Other. The general rate of duty will be 5 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 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 Nuccio Fera at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division