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 12, 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, reference drawings for the machined electrodes, and an abstract on how the machined electrodes will be used in magnesium electrolysis systems.

In your letter you suggest classification in heading 8545, HTSUS, which provides for: Carbon electrodes, carbon brushes, lamp carbons, battery carbons and other articles of graphite or other carbon, with or without metal, of a kind used for electrical purposes. Explanatory Note 85.45, in part, provides for articles of graphite or other carbon which are recognisable by their shape, dimensions or otherwise, as being for electrical purposes, whether or not they contain metal. The artificial graphite rods in their imported condition will consist of unmachined semimanufactures that must be cut, machined to fine tolerances and surface finished before they can be considered finished articles in heading 8545. Explanatory Note 38.01, in part, states that artificial graphite of this heading is usually in the form of powder, flakes, blocks, plates, rods, etc. that are used, after cutting and high-finish machining (fine tolerances and appropriate surface finish), to make the brushes or other electrical carbon articles of heading 85.45 (including electrodes). Therefore, the unmachined artificial graphite electrode rods are more specifically provided for in heading 3801.

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. 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