CLA-2-38:RR:NC:N2:237 B83677

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 21, 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 flux tubes and designated MTN-A (2" x 1/2" x 72"), MTN-A (2" x 1/2" x 84"), MTN-A (2" x 1/2" x 100"), MTN-A (2" x 1/2" x 120"), and MTN-A (2" x 1/2" x 96").

The subject flux tubes are manufactured by extruding or molding a mixture of coke and pitch under pressure to form green blocks. In the process, a round bar is inserted into the press to form a hole in the extruded blocks. After the initial formation of the tubes, they are then baked at a temperature of about 1000 C. The tubes undergo a further baking operation at a higher temperature of at least 2550 C in order to graphitise them. The resulting tubes are semi-manufactures of artificial graphite. The imported tubes undergo a number of processing operations, which include cutting to length, trimming for quality assurance, and threading to customer specifications. The finished threaded and machined tubes are typically used in the aluminum reduction industry. The SGL Carbon Corporation has affirmed that the imported flux tubes 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 flux tubes.

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 tubes 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