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

RE: The tariff classification of machined artificial Graphite Electrode Rods from China.

Dear Mr. Brashem:

In your letter dated June 9, 2009, you requested a tariff classification ruling for machined artificial graphite electrode rods intended for use in non-furnace applications. You provided digital photographs and descriptions of the manufacture and use of the product in magnesium chloride electrolysis systems.

In China, unmachined artificial graphite electrode rod semimanufactures (heading 3801, HTSUS) are machined and drilled to produce rods with flats, grooves, holes and center sections with diameters reduced from 16 to 14 inches. The machined artificial graphite electrodes (heading 8545, HTSUS) are then exported to the United States where they are coated with a refractory material for use in magnesium chloride electrolysis systems to extract and convert magnesium sulfate from brine to molten magnesium chloride feedstock and precursor for magnesium metal and chlorine gas.

The applicable subheading for the machined artificial graphite electrode rods will be 8545.19.2000, Harmonized Tariff Schedule of the United States (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: Electrodes: Other: Of a kind used for electrolytic purposes. Articles of this heading may be coated electrolytically or by spraying to increase their conductivity and decrease their rate of wear. 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