CLA-2-81:OT:RR:NC:N1:113
Mr. Tilak V. Bommaraju
Process Technology Optimization, Inc.
2801 Long Road
Grand Island, NY 14072
RE: The tariff classification and country of origin of titanium anodes from China, India and Japan
Dear Mr. Bommaraju:
In your letter dated February 24, 2012, you requested a tariff classification and country of origin ruling. A picture of the subject anode was submitted for our review.
The merchandise under consideration is described in your letter as lead dioxide coated titanium anodes. The subject items are used as anodes during the electrolysis of sodium chloride to make sodium chlorate and sodium perchlorate.
The applicable subheading for the titanium anodes will be 8108.90.3060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of titanium, other. The rate of duty will be 5.5 percent ad valorem.
Section 102.11 [General rules]: Subpart B--Rules of Origin of Title 19 of the Code of Federal Regulations (Customs Duties) states "…(a) The country of origin of a good is the country in which: (1) The good is wholly obtained or produced; (2) The good is produced exclusively from domestic materials; or (3) Each foreign material incorporated in that good undergoes an applicable change in tariff classification set out in Section 102.20 and satisfies any other applicable requirements of that section, and all other applicable requirements of these rules are satisfied."
You stated in your letter that the titanium anodes under consideration are made in China, India and Japan, and that one Japanese manufacturer makes them in the United States. Since, at present, the anodes are made in China, India, Japan and the United States, the country of origin is the country in which the subject anode was manufactured or produced (China, India, Japan or the United States).
You also asked whether there is a ban by the Indian government prohibiting the sale of the subject titanium anodes to the United States. The anodes in question must meet the requirements of the Indian government to be eligible for importation. We suggest that you contact the nearest Indian Embassy or Consulate regarding import restrictions.
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 Ann Taub at (646) 733-3018.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division