CLA-2-44:OT:RR:NC:2:230

Mr. Peter Woo
East West Associates, Inc.
14821 Northam Street
La Miranda, CA 90638

RE: The tariff classification of wood charcoal from China

Dear Mr. Woo:

In your letter dated July 25, 2012, you requested a tariff classification ruling on behalf of your client, KSX Enterprise. The ruling was returned to you for additional information which was resubmitted to this office on September 24, 2012. A letter notifying you that the ruling would be delayed pending laboratory analysis was sent on October 4, 2012.

The ruling was requested on wood charcoal discs. A representative retail sample package and component breakdown was submitted for our examination. The sample package was submitted by this office to the Customs Lab for analysis.

The wood charcoal is in the form of cylindrical-shaped discs measuring approximately ½” high x 1 ¼” in diameter. The discs are composed of a mixture of Apple wood, Walnut wood, Apricot wood and grape vine. The charcoal wood is crushed into powder form then mixed with food-grade dextrin and lignin binder. The charcoal powder and binding additives are then pressed and shaped into the cylindrical form. In your letter you state that the principal use of the charcoal is for lighting and heating tobacco in Hookah pipes.

The applicable subheading for the wood 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 Laurel Duvall at (646) 733-3035.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division