CLA-2-38:OT:RR:NC:N2:237
Mr. Arno V. Zoppi
Import - Export Specialist
TIMCAL Ltd.
Strada Industriale 12
CH - 6743 Bodio
Switzerland
RE: Tariff classification of natural graphite in semi-colloidal suspension from Switzerland.
Mr. Zoppi:
In your letter dated September 25, 2013 you requested a tariff classification ruling. You provided a technical data sheet and a summary table for our review.
TIMCAL Dispersion NG consists of finely divided natural graphite powder in semi-colloidal suspension in water with small amounts of stabilizers but without binders. The product is designed for use in electrically conductive coatings, release agents, anti-corrosion coverings and base formulations. The product may be applied by spraying, dip coating or brushing. The product will be imported as a black liquid in 25 kg barrels, 180 kg drums or 900 kg containers.
The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation of the HTSUS. While neither legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings at the international level. See T.D. 89-80, 54 Fed. Reg. 35127 (Aug. 23, 1989). EN 38.01 (2) provides: (a) Colloidal graphite consists of finely divided natural or artificial graphite in colloidal suspension in water or in other media (e.g., alcohol, mineral oil), to which may be added small quantities of other products such as tannin or ammonia for the purpose of stabilizing the suspension. Colloidal graphite is usually semi-liquid, and is mainly used for the manufacture of lubricating preparations or for its high electrical conductivity. (b) Semi-colloidal graphite (i.e., graphite in semi-colloidal suspension in water or in other media). Semi-colloidal graphite may be used for the preparation of graphite oils or for forming graphite surfaces. This category covers only graphite in colloidal or semi-colloidal suspension in any media, the graphite being the basic constituent. Suspensions containing solid particles that are small enough to pass through filter paper (particles less than 1 micron) and do not settle out on standing are called colloidal suspensions. Based on your technical specifications, the product meets the description of semi-colloidal graphite in EN 38.01 (2) (b).
The applicable subheading for TIMCAL Dispersion NG will be 3801.20.0000, HTSUS, which provides for: Colloidal or semi-colloidal graphite. The rate of duty will be free.
This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U. S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460, by calling the TSCA Assistance Line at (202) 554-1404, by Fax at (202) 554-5603, by e-mail to: [email protected] or by visiting their website at www.epa.gov.
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 Frank Cantone at (646) 733-3038.
Sincerely,
Gwenn Klein Kirschner
Acting Director
National Commodity Specialist Division