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NY 877860




May 5, 1993

CLA-2-85:S:N:N7:236 877860

CATEGORY: CLASSIFICATION

TARIFF NO.: 6902.90.1020 8545.90.4000

Ms. Nina R. Lipton
Assistant Manager
Traffic & Administration
Pechiney World Trade (U.S.A.), Inc.
500 Plaza Drive
Secaucus, New Jersey 07096

RE: The tariff classification of Cathode Blocks from France

Dear Mr. Lipton:

In your letter dated August 20, 1992 you requested a tariff classification ruling.

The prospective imports, Cathode Blocks will be anthracite/graphite composites and graphitic blocks covering style numbers HC3, HC5 and HC10.

Representative sizes are:

14" x 18" x 30"

These blocks are used to line the bottom of an aluminum reduction cell which produces aluminum metal by electrolysis. Samples of the above style numbers were forward to the United States Customs Laboratory with the following results:

Sample Percent Crystallization Composition

HC3 52.9 Anthracite- graphite
HC 5 63.3 "
HC10 93.8 Graphitic

For the purposes of chapter 69, a "ceramic article" is a shaped article having a glazed or unglazed body of crystalline or substantially crystalline structure, the body of which is composed essentially of inorganic nonmetallic substances and is formed and subsequently hardened by such heat treatment that the body, if reheated to pyrometric cone 020, would not become more dense, harder, or less porous, but does not include any glass articles.

A crystalline or substantially crystalline structure was defined by written direct testimony obtain in the Eastalco Aluminum Co. v. United States (Court No. 83-01-00095). It was determined "that in order for the carbon blocks to even approach the behavior of crystalline material, there must be very substantial amounts, e.g. 70% or more crystalline material present." Customs adopts this definition of "substantial" as it pertains to the crystallization of Cathode Blocks.

The applicable subheading for the Cathode Blocks Style # HC3 and HC5 will be 8545.90.4000, Harmonized Tariff Schedule of the United States (HTS), 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, other. The rate of duty will be 4.9 percent ad valorem.

The applicable HTS subheading for Cathode Blocks, Style # HC10 will be 6902.90.1020, which provides for refractory bricks, blocks, tiles and similar refractory ceramic construction goods, other than those of siliceous fossil meals or similar siliceous earths, other, other. The rate of duty will be free.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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