Mr. Marvin Brashem, President
M. Brashem, Inc.
14023 NE 8th Street
Bellevue, Washington 98007

RE: The tariff classification of unmachined artificial graphite electrode rods from China.

Dear Mr. Brashem:

In your letter dated February 11, 2009 you requested a tariff classification ruling for unmachined artificial graphite electrode rods. You provided digital photographs of the unmachined electrodes in their condition as imported, electrodes that were machined after importation (cut, machined to fine tolerances and surface finished), reference drawings showing specifications for the machined electrodes, and an abstract on how the machined electrodes will be used in magnesium electrolysis systems.

The applicable subheading for the unmachined impregnated artificial graphite electrode rods will be 3801.10.5000, Harmonized Tariff Schedule of the United States (HTSUS), which 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 semimanufactures: Artificial graphite: Other. Artificial graphite of this subheading includes plates, rods, powder and other forms, wholly or partly manufactured, for manufacturing (cutting and high-finish machining to fine tolerances and appropriate surface finish) into artificial graphite electrodes. 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

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.


Robert B. Swierupski
National Commodity Specialist Division