CLA-2-44:OT:RR:NC:2:230
Mr. Mark Reynolds
P&M Products LLC
6619 132nd Avenue NE
#206
Kirkland, WA 98033
RE: The tariff classification of charcoal made from carbonized rice shells/husks from China
Dear Mr. Reynolds:
In your letter dated December 3, 2009 you requested a tariff classification ruling.
The ruling was requested on charcoal made from carbonized rice shells/husks. You state in your letter that the charcoal in question will be imported in two different sized bags, 7.2 lbs and 3.6 lbs. Each bag will contain inner pre-portioned bags with 1.2 lbs of charcoal. The 7.2lbs bag contains 6 inner pre-portioned bags, and the 3.6lbs bag contains 3 inner pre portioned bags. You state that the charcoal is not wood based but an agricultural bi-product made from rice shells/husks which are carbonized. The charcoal is composed of 85 percent charcoal cas no. 7440-44-0, 12 percent paraffin oil cas. no 8012-95-1, and 3 percent starch cas no. 9005-25-8. The charcoal will be used for barbeque cooking.
The applicable subheading for the charcoal will be 4402.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Wood charcoal (including shell or nut charcoal),whether or not agglomerated: Other. The rate of duty will be free.
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 Paul Garretto at (646) 733-3035.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division