CLA-2-98:RR:NC:1:118 D81544

Mr. Chuck Weinstein
COMETALS
One penn Plaza
New York, NY 10119-0097

RE: The tariff classification of magnesium ingot from Russia.

Dear Mr. Weinstein:

In your letter dated August 13, 1998, you requested a tariff classification ruling.

It is stated that you will be importing magnesium ingots or cylinders made from magnesium waste and scrap. The magnesium content of these products will be approximately 91.50%. The purpose of melting this waste and scrap into ingot and cylinder form is for ease of transportation.

The applicable subheading for the magnesium ingots and cylinders made from magnesium waste and scrap will be 8104.19.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other unwrought magnesium. The rate of duty will be 6.5 percent ad valorem. Based on the description that you provided, your product may also qualify for classification under subheading 9817.00.9040, HTS, provided you meet the terms of that Heading.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Kathy Campanelli at 212-466-5492.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division