The tariff classification of copper rods from Germany.

NY A85442 July 29, 1996 CLA-2-71:S:N1:118 A85442 CATEGORY: Classification TARIFF NO.: 7106.92.0000 Mr. Peter Daquila Degussa Corporation 3900 South Clinton Avenue South Plainfield, NJ 07080 RE: The tariff classification of copper rods from Germany. Dear Mr. Daquila: This is in response to your request for a tariff classification ruling dated June 25, 1996. The item you describe as a copper alloy rod is composed of 5 to 7.25 percent phosphorus, 2 to 15 percent Silver, and 80 to 92.75 percent copper. Note 5 of the headnotes to Chapter 71 of the Harmonized Tariff Schedule states that, "... any alloy containing precious metal is to be treated as an alloy of precious metal if any one precious metal constitutes as much as 2 percent by weight, of the alloy..." Note 5(c) states "Other alloys containing 2 percent or more, by weight, of silver are to be treated as alloys of silver." Since your copper rod contains a minimum of 2 percent silver, it will be classified as an alloy of silver. The metal rod which you refer to as copper phosphorus rods will be classified in subheading 7106.92.0000 Harmonized Tariff Schedule of the United States (HTS), which provides for Silver: semimanufactured. The rate of duty is 4.8 percent ad valorem. This ruling is being issued under the provisions of Section 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 the office of National Import Specialist Kathy Campanelli at 212-466-5492. Sincerely, Roger J. Silvestri Director National Commodity Specialist Division