CLA-2-68:OT:RR:NC:N2:237
Ms. Linda M. Weinberg
Barnes & Thornburg, LLP.
1717 Pennsylvania Ave. N.W., Suite 500
Washington, DC 20006
RE: The tariff classification of carbon filter blocks in cylindrical shape from China.
Dear Ms. Weinberg:
In your letter dated February 23, 2013, on behalf of Pentair, you requested a tariff classification ruling. You provided descriptive literature and photocopies for our review.
Pentair High-End and Low-End Carbon Filter blocks basically consist of ground activated carbon solidified, through use of a binder and a combination of heat and compression, into cylindrical shapes. The blocks are hollow in the middle to allow a path for filtered water. The High-End blocks consist by weight of 61-80% activated coal carbon, 13-14% polyethylene binder, 10-11% diatomaceous earth and 6-25% ion-exchange sorbent. The Low-End blocks consist of 86-87% activated coal carbon and 13-14% polyethylene binder. The diatomaceous earth is used to reduce the micron size of the carbon blocks in order to aid in removing small particles such as microbial cysts from water. The ion-exchange sorbent is used to remove/reduce heavy metals such as lead from water. The blocks are manufactured to the specific performance criteria and dimensional requirements of original equipment manufacturers. The blocks can be made in any diameter up to 4.5 inches, in varying wall thicknesses and in any length, but typically less than 20 inches. The carbon filter blocks will be imported for assembly with end caps, sealing mechanisms and housings into carbon block filter cartridges for use in water purification systems.
You propose a classification under heading 8421, HTSUS, for filtering or purifying machinery and apparatus for filtering or purifying water, as well as parts of machinery and apparatus for filtering or purifying water. The Explanatory Notes (EN) of the Harmonized Tariff Schedule constitute the official interpretation of the tariff at the international level. EN 84.21 notes that filter blocks of paper pulp and many other filtering elements (ceramics, textiles, felts, etc.) are classified according to their constituent material. Therefore, the filter blocks of carbon must be classified elsewhere in the tariff. EN 38.02 (a) covers activated carbon, usually in the form of fine powder or grains, obtained by treating vegetable, mineral or other carbon at high temperature in the presence of steam or other gases (gas activation) or solutions of certain chemicals (acid activation). However, the blocks are more than activated carbon powder or grains. The blocks are molded articles manufactured from ground activated carbon (water purifier) and polyethylene (binder) that may include diatomaceous earth (for removal of microbial cysts) and ion-exchange sorbent (to reduce/remove heavy metals). EN 68.15 (1) provides for non-electrical articles of carbon, for example: filters; discs; bearings; tubes and sheaths; etc. The cylindrical shape of the carbon filter block creates a path whereby water enters the block on the outside and then travels into the hollow core. On the path to the core, contaminants are either adsorbed into the activated carbon or physically stopped by the size of the pore. The carbon material, by virtue of its function and weight, is the component that imparts the essential character of the carbon filter blocks.
The applicable subheading for the carbon filter blocks in hollow cylindrical shape will be 6815.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Non-electrical articles of graphite or other carbon. 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 www.epa.gov.
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 http://www.usitc.gov/tata/hts/.
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.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division