CLA-2-44:OT:RR:NC:1:130

Ms. Roxann Harry
Alpi USA
70 East Sunrise Highway
Valley Stream, NY 11581

RE: The tariff classification of sawdust charcoal from Vietnam

Dear Ms. Harry:

In your letter, dated December 2, 2020, you requested a binding tariff classification ruling on behalf of your client, Prime 6 Imports LLC. Photos and a letter from Prime 6 Imports LLC with product information were submitted for our review.

The ruling concerns sawdust charcoal made solely of compressed hardwood sawdust without any fuels, binders, chemical, or additives. The product’s webpage indicates that the hardwood waste sawdust is compressed and slow-carbonized into dense charcoal.

The Explanatory Notes to the Harmonized System for heading 4402 provide guidance as to what is meant by the term “wood charcoal”:

Wood charcoal is obtained when wood is carbonised out of contact with air. It is classified in this heading whether in the form of blocks, sticks or in granules or powder, or agglomerated with tar or other substances in briquettes, tablets, balls, etc.

Since the charcoal consists of carbonized hardwood sawdust, we find that the product meets the term “wood charcoal” and is classifiable within heading 4402.

The applicable subheading for sawdust 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 https://hts.usitc.gov/current.

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 [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division