CLA-2 CO:R:G 086279 STB

Mr. M. Albanese
Supito Inc.
118 Lake Emerald Dr.
Suite 304
Fort Lauderdale, FL 33309

RE: Anthracite

Dear Mr. Albanese:

Your letter of January 8, 1990 concerns the tariff classification of anthracite from The People's Republic of China. A sample was submitted with your request.

FACTS:

According to your letter, the primary use of this substance in the U.S. is for use with water filtration units as filtering media. The sample which you supplied was submitted to the New York Customs Laboratory. The lab was unable to determine whether the sample is in fact anthracite or whether it is activated carbon.

ISSUES:

What is the proper classification of the submitted substance?

What are the marking requirements?

Is an importing permit or license required to import this material?

LAW AND ANALYSIS:

Classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification is determined first in accordance with the terms of the heading

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together with any relevant Section or Chapter notes.

Assuming the substance is activated, the proper classification is under subheading 3802.10.00, HTSUSA, as activated carbon. If the substance is not activated, the result may be different. Because the lab report was inconclusive, the National Import Specialist in New York contacted your office on February 20, 1990 and requested additional information. A response to that request has not yet been received. We will be able to provide you with a definite determination once we are provided the information concerning whether this substance is activated. If the substance is activated, also include a description of the process that is involved. Please send the requested information to the Office of Regulations and Rulings, 1301 Constitution Avenue, N.W., Washington, D.C. 20229 to the attention of Steven T. Bratcher, Room 2115.

Section 304 of the Tariff Act of 1930, as amended, (19 U.S.C. 1304), requires, subject to certain specified exceptions, that all articles of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article will permit in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article.

Certain classes of articles which are specified in section 134.33, Customs Regulations (19 CFR 134.33), known as the J-list, are excepted from individual country of marking pursuant to 19 U.S.C. 1304(a)(3)(J). One of the items on the J-list is "crude substances". Because this material constitutes a "crude substance", it is not necessary that the coal itself be marked. However, the containers that reach the ultimate purchaser should be marked to indicate that the country of origin is The People's Republic of China.

There is no license or permit required to import this substance.

HOLDING:

If the substance you wish to import is activated, the proper classification is under subheading 3802.10.00, HTSUSA, which provides for Activated carbon, activated natural mineral products, animal black, including spent animal black: Activated carbon. The applicable duty rate is 4.8%. The containers

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that reach the ultimate purchaser should be marked to indicate the country of origin. There are no license or permit requirements.

Sincerely,

Jerry Laderberg, Acting Director
Commercial Rulings Division