CLA-2-38:RR:NC:N2:237 B83101

TARIFF NO: 3801.10.5000

Mr. Stephen S. Spraitzar, Esq.
Law Offices of George R. Tuttle
Three Embarcadero Center, Suite 1160
San Francisco, California 94111
St. Louis, Missouri 63166-6760

RE: The classification of semi-manufactured articles of artificial graphite from Germany. Dear Mr. Spraitzar: In your letter dated March 7, 1997, on behalf of the SGL Carbon Corporation of Charlotte, North Carolina, you requested a tariff classification ruling. The five instant articles are described as semi-manufactured artificial graphite blanks and designated R6400R (510mm x 325mm), R6300R (580mm x 530mm), R6300R (580mm x 540mm), R6300R (615mm x 525mm), and R6300R (645mm x 525mm).

The subject blanks are manufactured by extruding or molding a mixture of coke and pitch under pressure to form blocks of square or circular cross-sectional dimension. After the initial formation of the blocks, they are then baked at a temperature of about 1000 C, resulting in semi-manufactures of carbon. The blocks undergo a further baking operation at a higher temperature of at least 2550 C in order to graphitise them. The resulting blocks are semi-manufactures of artificial graphite. The blocks are turned and/or trimmed for inspection purposes and are then exported to the United States as artificial graphite blanks. The imported blanks can be sold as is or machined into finished products and sold. The finished products are used in a variety of industrial, semiconductor, mechanical and electrical applications. The SGL Carbon Corporation has affirmed that the imported blanks are not used as material for manufacturing into brushes for electrical generators, motors, or other machines and/or appliances.

Classification of merchandise under the HTSUS 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 headings of the tariff and any relative section or chapter notes, and unless otherwise required, according to the remaining GRI's taken in order.

Heading 38.01, HTSUS, provides for artificial graphite; colloidal or semi-colloidal graphite; preparations based on graphite or other carbon in the form of pastes, blocks, plates or other semi-manufactures. Explanatory Note 38.01(1) provides: Artificial graphite (electro-graphite) is a variety of carbon, usually prepared in an electric furnace by heating a mixture of finely ground coke (normally petroleum coke, but sometimes anthracite coke, retort coke, pitch coke, etc.) and carbonaceous binders (e.g., pitch or tar), to a sufficiently high temperature (2500 to 3200 C) to ensure its "graphitisation" under the catalytic action of substances present in the mixture (e.g., silica or iron oxide). The mixture is first extruded or moulded under pressure into "green" blocks of square or circular cross- section; these blocks may either be pre-fired (baked) at about 1000 C and then graphitised, or they may be submitted directly to the graphitisation process. The imported articles are made from a mixture of coke and pitch that is extruded under pressure into green blocks, baked at 1000 C and then graphitised at 2550 C to form artificial graphite blanks.

Subheading 3801.10.1000, HTSUS, provides for: Artificial graphite: Plates, rods, powder and other forms, wholly or partly manufactured, for manufacturing into brushes for electric generators, motors or other machines or appliances. However, the imported blanks are not intended for use in the manufacture of brushes for electric generators, motors or other machines or appliances, and, for this reason, are classified elsewhere.

Subheading 3801.10.5000, HTSUS, provides for: Artificial graphite: Other. In Headquarters Ruling 960543, dated August 6, 1998, Customs determined that semi-manufactures of artificial graphite, not intended for use in the manufacture of brushes for electric generators, motors or other machines or appliances, are properly classified under subheading 3801.10.5000, HTSUS. Accordingly, the instant semi-manufactures of artificial graphite, not intended for use in the manufacture of brushes for electric generators, motors or other machines or appliances, are classifiable under subheading 3801.10.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Artificial graphite: Other. The rate of duty is free.

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 F. Cantone at 212-466-5488.


Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division