The tariff classification of molybdenum and niobium from China

N246997 November 20, 2013 CLA-2-81:OT:RR:NC:1:117 CATEGORY: Classification TARIFF NO.: 8102.10.0000; 8102.94.0000; 8112.92.4000 Ms. Lea Ford Customs Manager John S. Connor, Inc. 799 Cromwell Park Drive, Suites A-G Glen Burnie, MD 21061 RE: The tariff classification of molybdenum and niobium from China Dear Ms. Ford: In your letter dated October 21, 2013 you requested a tariff classification ruling on behalf of your client Motiv Metals. Descriptive literature and a chemical analysis were submitted. The items in question are molybdenum and niobium alloys. Both are imported in lump and powder form. The molybdenum alloy chemical analysis is approximately 65% molybdenum with 35% aluminum, while the niobium product analysis is approximately 72% niobium and 28% aluminum. They both are used in the production of titanium alloys, super alloys, aluminum master alloys and sputtering targets. The applicable subheading for the molybdenum in powder form will be 8102.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Molybdenum and articles thereof, including waste and scrap: Powders: The rate of duty will be 9.1¢ kg on molybdenum content + 1.2%. The applicable subheading for the molybdenum in lump form will be 8102.94.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Molybdenum and articles thereof, including waste and scrap: Powders: The rate of duty will be 13.9¢ kg on molybdenum content + 1.9%. The applicable subheading for the niobium will be 8112.92.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for beryllium, chromium, germanium, vanadium, gallium, hafnium, indium, niobium (columbium), rhenium and thallium, and articles of these metals, including waste and scrap Other: Unwrought: waste and scrap; powders: Other: Niobium. The rate of duty will be 4.9%. 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. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division