CLA-2-68:OT:RR:NC:N2:428
Mr. Tony Guhr
Carbon Fiber Remanufacturing
215 South Main Street, P.O. Box One
Whitewater, KS, 67154
RE: The tariff classification of carbon fiber and plastic materials.
Dear Mr. Guhr:
In your letter dated September 28, 2015, you requested a tariff classification ruling.
The merchandise under consideration is referred to as item numbers IN 3130, IN 5260, and DR 4310. Samples were submitted with your ruling request and will be returned to you.
Product IN 3130, identified as a thermoplastic prepreg, is a sheet of carbon fiber-reinforced thermoplastic broadgood material in dry form. Per the technical data sheet provided with your submission, the product consists of carbon fiber reinforcement pre-impregnated with a polypropylene thermoplastic resin. The product is comprised of 30% carbon fiber and 70% polypropylene resin, and is shipped in rolls between 12 and 70 inches in width. You indicate that the product can be thermoformed and molded by an end-user to manufacture articles such as automotive components and electronic enclosures.
Item number IN 5260 is a nonwoven material stated to be comprised of electrically conductive carbon fiber filament pre-impregnated with polyamide (PA) nylon resin, and shipped in rolls which measure between 12 and 70 inches in width. From the information you provided, IN 5260 consists of 60% carbon fiber and 40% PA nylon resin, and may be thermoformed and molded by an end-user to manufacture articles such as oil pans, engine valve covers, and sports safety equipment.
Item number DR 4310 is a nonwoven material stated to be comprised of electrically conductive carbon fiber filament pre-impregnated with para-aramid, and shipped in rolls which measure between 12 and 70 inches in width. From the information you provided, DR 4310 consists of 90% carbon fiber and 10% para-aramid, and may be thermoformed and molded by an end-user to manufacture articles such as fan blades, engine valve covers, sports safety equipment, and helmets for fire/safety workers.
Item numbers IN 3130, IN 5260, and DR 4310 are composite goods comprised of different materials which are classifiable in different headings. Classification of merchandise under the Harmonized Tariff Schedule of the United States (HTSUS) is in accordance with the General Rules of Interpretation (GRIs) taken in order. General Rule of Interpretation (GRI) 3(b) of HTSUS provides, in relevant part, that composite goods which cannot be classified by reference to GRI 3(a) shall be classified as if they consisted of the material or component which gives them their essential character. The polypropylene resin material provides the essential character of item IN 3130; the carbon fiber material provides the essential character of item numbers IN 5260 and DR 4310.
The applicable subheading for the IN 3130 thermoplastic prepreg will be 3921.90.4090, HTSUS, which provides for “Other plates, sheets, film, foil and strip, of plastics: Other: Other: Flexible: Other.”
The applicable subheading for product numbers IN 5260 and DR 4310 will be 6815.99.4070, HTSUS, which provides for “Articles of stone or of other mineral substances (including carbon fibers, articles of carbon fibers and articles of peat), not elsewhere specified or included: Other articles: Other: Other: Other.”
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/.
For all inquiries related to export compliance under the International Traffic in Arms Regulations (ITAR), please refer to the Department of State Directorate of Defense Trade Control (DDTC)’s website at https://www.pmddtc.state.gov, or contact the DDTC Response Team at (202) 663-1282 or at [email protected].
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 Nicole Sullivan at [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division