Mr. James Carmical
Import Manager
Hankyu Hanshin Express USA Inc.
640 Airport South Parkway, Suite 200
Atlanta, Georgia 30349

RE: The tariff classification of artificial graphite powder (CAS-7782-42-5) from Japan.

Dear Mr. Carmical:

In your letter dated October 27, 2010, on behalf of the Moriroku America, you requested a tariff classification ruling. You provided a CAS number and MSDS sheets for our review.

BC440 carbon graphite (CAS-7782-42-5) is described as artificial graphite powder having a fixed carbon content of 99.0% or more by mass and an ash content of 0.5% or less by mass. The product will be imported in powder form and is not mixed with other substances. The product will be one of several ingredients used in making brake linings to be mounted on metal plates to create brake pads for automotive use.

The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation of the HTSUS. While not legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings at the international level. See T.D. 89-80, 54 Fed. Reg. 35127 (Aug. 23, 1989). EN 38.01 (1) is applicable to your product and provides for artificial graphite, a variety of carbon, usually prepared in an electric furnace by heating a mixture of finely ground coke and carbonaceous binders to a sufficiently high temperature (2500 to 3200C) to ensure its graphitization and obtain a product with an apparent specific gravity of about 1.5 to 1.6 and a homogeneous microcrystalline structure.

The applicable subheading for BC440 artificial graphite powder will be 3801.10.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Artificial graphite: Other. The rate of duty will be free.

This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U. S. Environmental Protection Agency. Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460, by calling the TSCA Assistance Line at (202) 554-1404, by Fax at (202) 554-5603, by e-mail to: [email protected] or by visiting their website at

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