CLA-2-76:OT:RR:NC:N1:116
Mr. Jason R. Akers
Tosoh SMD, Inc.
3600 Gantz Rd.
Grove City, OH 43123
RE: The classification of unwrought aluminum billets from France
Dear Mr. Akers:
In your letter dated November 26, 2019, you requested a classification determination.
The articles in question are described as unwrought aluminum alloy billets that have not been machined, forged, or rolled and are still in ingot/ billet form. They are between 340 mm and 630 mm in length and each billet is 134 mm in diameter. You state the predominate metal is aluminum, but it is alloyed. You have provided two composition ranges. The first is described as aluminum ranging from 98.0 percent to 99.9 percent by weight, alloyed with copper ranging from 0.1 percent to 2.0 percent by weight.
You suggest classification in 7601.20.9045, Harmonized Tariff System of the United States (HTSUS), which provides for unwrought aluminum: aluminum alloys: other: other: other: of uniform circular cross section throughout its length, not in coils. We disagree.
Subheading Note 1(a) defines aluminum, not alloyed as metal containing by weight at least 99 percent of aluminum, provided that the content by weight of any other element does not exceed 1 percent iron plus silicon or does not exceed 0.1 percent of any other element. Subheading Note 1(a)(2) states that copper is permitted in a proportion greater than 0.1 percent but not more than 0.2 percent, provided that neither the chromium nor the manganese content exceeds 0.05 percent. As the first composition range allows for billets with greater than 99.8 percent aluminum and less than 0.2 percent copper, the applicable subheading for the billets containing greater than 99.8 percent aluminum and less than 0.2 percent copper will be 7601.10.6030, HTSUS, which provides for unwrought aluminum: aluminum, not alloyed: other: of greater than 99.8 percent aluminum. The rate of duty will be free. The applicable subheading for the billets containing at least 99 percent, but less than or equal to 99.8 percent aluminum and a copper content of up to 0.2 percent will be 7601.10.6090, HTSUS, which provides for unwrought aluminum: aluminum, not alloyed: other: other. The rate of duty will be free. The applicable subheading for the billets containing at least 99 percent, but less than 99.8 percent aluminum and a copper content of greater than 0.2 percent will be 7601.20.9045, HTSUS, which provides for unwrought aluminum: aluminum alloys: other: other: other: of uniform circular cross section throughout its length, not in coils. The rate of duty will be free.
The second composition range is described as aluminum billets ranging from 98 percent to 99.8 percent aluminum by weight, alloyed with silicon and copper, each individually ranging from 0.1 percent to 1 percent by weight. The applicable subheading for the billets with 99.8 percent aluminum and 0.1 percent silicon and 0.1 percent copper will be 7601.10.6090, HTSUS, which provides for unwrought aluminum: aluminum, not alloyed: other: other. The rate of duty will be free. The applicable subheading for the billets containing at least 99 percent, but less than 99.8 percent aluminum and more than 0.1 percent of silicon and more than 0.1 percent of copper will be 7601.20.9045, HTSUS, which provides for unwrought aluminum: aluminum alloys: other: other: other: of uniform circular cross section throught its length, not in coils. 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 at https://hts.usitc.gov/current.
On March 8, 2018, Presidential proclamations 9704 and 9705 imposed additional tariffs and quotas on a number of steel and aluminum mill products. Exemptions have been made on a temporary basis for some countries. Quantitative limitations or quotas may apply for certain exempted countries and can also be found in Chapter 99. Additional duties for steel of 25 percent and for aluminum of 10 percent are reflected in Chapter 99, subheading 9903.80.01 for steel and subheading 9903.85.01 for aluminum. Products classified under subheading 7601.10.6030, 7601.10.6090, and 7601.20.9045, HTSUS, may be subject to additional duties or quota. At the time of importation, you must report the Chapter 99 subheading applicable to your product classification in addition to the Chapter 72, 73 or 76 subheading listed above.
The Proclamations are subject to periodic amendment of the exclusions, so you should exercise reasonable care in monitoring the status of goods covered by the Proclamations and the applicable Chapter 99 subheadings.
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 Angelia Amerson at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division