N353878

N353878 October 7, 2025 CLA-2-38:OT:RR:NC:N3:139 CATEGORY: Classification TARIFF NO.: 3824.99.3990; 9903.02.27; 9903.02.64 Peyton McQuillan Westwin Elements 211 North Robinson Avenue Suite N 1100 Oklahoma City, OK 73102 RE: The tariff classification of a mixed hydroxide precipitate from Turkey, and Indonesia Dear Ms. McQuillan: In your letter dated September 17, 2025, and a earlier submission, you requested a tariff classification ruling. The merchandise in question is characterized as a mixed hydroxide precipitate. Based on the documentation provided with this submission, it appears to be primarily a combination of nickel dihydroxide, and cobaltic hydroxide, with small amounts of manganese, magnesium, aluminum, and trace amounts of other elements as well. You state that the mixed hydroxide precipitate will be used as a feedstock for refining into Class 1 nickel via the carbonyl process. In your submission, you suggest classification for the mixed hydroxide precipitate under subheading 2825.90.9000 Harmonized Tariff Schedule of the United States (HTSUS), which provides for Hydrazine and hydroxylamine and their inorganic salts; other inorganic bases; other metal oxides, hydroxides and peroxides: Other: Other. We disagree. The mixed hydroxide precipitate is a mixture of two metal hydroxides produced through an intentional co-precipitation process. It is precluded from being classified in Chapter 28 due to Chapter Note 1 to that Chapter. The applicable subheading for the mixed hydroxide precipitate will be 3824.99.3990, HTSUS) which provides for Prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included:.Other: Other: Other: Mixtures of two or more inorganic compounds: Other: Other. The general rate of duty will be Free Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise must be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time, products of Indonesia will be subject to an additional ad valorem rate of duty of 19 percent. At the time of entry, you must report the Chapter 99 heading applicable to your product classification, 9903.02.27, in addition to subheading 3824.99.3990, HTSUS, listed above. Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise must be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time, products of Turkey will be subject to an additional ad valorem rate of duty of 15 percent. At the time of entry, you must report the Chapter 99 heading applicable to your product classification, 9903.02.64, in addition to subheading 3824.99.3990, HTSUS, listed above. The tariffs and additional duties cited above are current as of this ruling’s issuance. 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 at https://hts.usitc.gov/. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist John Bobel at john.bobel@cbp.dhs.gov. Sincerely, (for) Denise Faingar Designated Official Performing the Duties of the Division Director National Commodity Specialist Division

set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist John Bobel at john.bobel@cbp.dhs.gov. 
Sincerely,
 (for) Denise Faingar Designated Official Performing the Duties of the Division Director National Commodity Specialist Division