Ms. Joy Bradley
The David J. Joseph Company
300 Pike Street
Cincinnati, OH 45202
RE: The tariff classification of ferrochromium from China.
Dear Ms. Bradley:
In your letter dated April 20, 2012 you requested a tariff classification ruling.
The product you plan to import is described as Nitrided Low Carbon Ferrochrome consisting of chromium (62-67%), nitrogen (9-11%), iron (10%), carbon (0.1%), silicon (1.5%) and other trace elements. The ferrochrome will be imported in lump form and used as an additive in the production of steel.
You suggest classification of the nitrided ferrochrome in either heading 2849, Harmonized Tariff Schedule of the United States (HTSUS), which provides for carbides or in the alternative heading 2850, HTSUS, which provides for nitrides. Based on the information made available, the nitrided ferrochrome is neither a carbide nor a nitride. The subject merchandise does, however, meet the chemical requirements of a ferroalloy as set forth in Chapter 72, note 1(c). Chapter 28, note 3(g) excludes metals, whether or not pure, metal alloys or cermets, including sintered metal carbides, of section XV. Chapter 72 is part of section XV. As such, the nitrided ferrochrome is precluded from classification in HTSUS headings 2849 or 2850.
The applicable subheading for the Nitrided Low Carbon Ferrochrome will be 7202.49.5090, HTSUS, which provides for ferrochromium, other, other, other. The rate of duty will be 3.1 percent ad valorem.
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 http://www.usitc.gov/tata/hts/.
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 (646) 733-3020.
Thomas J. Russo
National Commodity Specialist Division