The tariff classification of mixtures of yttrium oxide (CAS 1314-36-9) and europium oxide (CAS 1308-96-9) from China

N076730 October 22, 2009 CLA-2-28:OT:RR:NC:2:236 CATEGORY: Classification TARIFF NO.: 2846.90.8000; 9902.23.04 Mr. Ronald H. Yee Minmetals, Inc. 1200 Harbor Blvd -8th Floor Weehawken, N.J. 07086 RE: The tariff classification of mixtures of yttrium oxide (CAS 1314-36-9) and europium oxide (CAS 1308-96-9) from China Dear Mr. Yee: In your letter dated September 17, 2009 you requested a tariff classification ruling. In your ruling you state that the purity content of the yttrium oxide is 99.9 percent and that the purity content of the europium oxide is also 99.9 percent. You have indicated that your products will contain the following: 1.) Yttrium oxide content 95.45% and Europium oxide content 4.55% 2.) Yttrium oxide content 93.46% and Europium oxide content 6.54% 3.) Yttrium oxide content 94.48% and Europium oxide content 5.52% The applicable subheading for the yttrium oxide and europium oxide mixtures will be 2846.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Compounds, inorganic or organic, of rare-earth metals, of yttrium or of scandium, or of mixtures of these metals: Other: Other: Other. The rate of duty will be 3.7 percent ad valorem. However, mixtures or coprecipitates of yttrium oxide and europium oxide are eligible for temporary duty suspension under 9902.23.04 HTSUS which provides for yttrium oxide (CAS No. 1314-36-9) and europium oxide (CAS No. 1308-96-9) having a yttrium oxide content of at least 90 percent (provided for in subheading 2846.90.80). The rate of duty will be free for merchandise entered on or before 12/31/2009. 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 Debra Wholey at (646) 733-3034. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division